HomeMy WebLinkAbout9600-9624RESOLUTION NO. 9624 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
CALLING AND GIVING NOTICE OF THE HOLDING OF A
SPECIAL MUNICIPAL ELECTION ON TUESDAY, APRIL 26, 20059
FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF A
RESOLUTION AND TWO ORDINANCES REGARDING THE
SAN LUIS OBISPO MARKETPLACE PROJECT
WHEREAS, the Council of the City of San Luis Obispo on July 7, 2004, adopted
Resolution No. 9590 (2004 Series) providing for Upholding an Appeal of the Planning
Commission's Denial of a Proposed General Plan Map Amendment and Amending the General
Plan Land Use Map by Designating 48.7 Acres of the Property as General Retail, 8.1 Acres as
Office, 3.3 Acres as Medium -High Density Residential, 54.7 Acres as Open Space, with the
Remainder 16.2 Acres Allocated Toward Roads and Interchange Right-Of-Way in Conjunction
with the Consideration of the Dalidio /San Luis Marketplace Annexation and Development
Project Located at 2005 Dalidio Drive (GPA 108 -02); and
WHEREAS, the Council of the City of San Luis Obispo on August 3, 2004, adopted
Ordinance No. 1449 (2004 Series), Upholding an Appeal of the Planning Commission's Denial
of the Proposed Prezoning to Accommodate the Dalidio/Marketplace Annexation and Amending
the Zoning Regulations Map to Designate: 48.7 Acres as C -R -PD, Retail - Commercial with the
Planned Development Overlay (and Approving a Preliminary Development Plan for the Retail
Project Known as the San Luis Obispo Marketplace); 8.1 Acres as O -S, Office with the Special
Consideration Overlay; 3.3 Acres as R -3 -H, Medium -High Density Residential with the Special
Consideration Overlay; 45 Acres as AG, Agriculture; 9.7 Acres as C /OS -40, Conservation/Open
Space with a 40 -Acre Minimum Parcel Size; and 16.2 Acres Set Aside for Roads and
Interchange Right -Of -Way, Contingent Upon Final Approval of Annexation of the Site at 2005
Dalidio Dr. (R 108 -02); and
WHEREAS, the Council of the City of San Luis Obispo on August 17, 2004, adopted
Ordinance No. 1452 (2004 Series), Approving a Development Agreement Between the City, the
Dalidio Family and San Luis Obispo Marketplace, LLC for the San Luis Obispo Marketplace
Project; and
WHEREAS, the resolution and two ordinances were published as required by law; and
WHEREAS, pursuant to authority provided by Division 9, Chapter 3, Article 2
(commencing at section 9235) of the Election Code of the State of California, petitions have been
filed with the legislative body of the City of San Luis Obispo signed by more than 10 percent of
the registered voters of the City to repeal Resolution No. 9590 (2004 Series), Ordinance No.
1449 (2004 Series) and Ordinance No. 1452 (2004 Series) or submit these to a vote of the voters;
and
R 9624
O O
Resolution No. 9624 (2004 Series)
Page 2
WHEREAS, the City Clerk examined the records of registration and ascertained that the
petitions were signed by the requisite number of voters, and has so certified; and
WHEREAS, the City of San Luis Obispo, California desires to submit to the voters at a
special municipal election measures relating to Resolution No. 9590 (2004 Series), Ordinance
No. 1449 (2004 Series), and Ordinance No. 1452 (2004 Series); and
WHEREAS, the City Council has not voted in favor of the repeal of the resolution and
two ordinances; and
WHEREAS, the City Council is authorized and directed by statute to submit the
resolution and two ordinances to the voters.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That pursuant to the provisions of the City of San Luis Obispo Charter and
the Elections Code of the State of California, there is called and ordered to be held in the City of
San Luis Obispo, California, on Tuesday, April 26, 2005, a special municipal election for the
purpose of submitting the following measures to the voters:
Shall Resolution No. 9590 (2004 Series),
amending the General Plan Land Use Map by
designating 48.7 acres as general retail, 8.1 acres Yes
as office, 3.3 acres as medium -high density
residential, .54.7 acres as open space, with the
remainder 16.2 acres allocated to roads and an
interchange in conjunction with the San Luis
Obispo Marketplace development project, be No
Shall Ordinance No. 1449 (2004 Series),
amending the zoning regulations map and Yes
approving a preliminary development plan for
the retail project known as the San Luis Obispo
Marketplace, be adopted?
No
Resolution No. 9624 (2004 Series)
Page 3
Shall Ordinance No. 1452 (2004 Series),
approving a Development Agreement and a Yes
Special Tax Reimbursement Agreement between
the City, the Dalidio family and San Luis Obispo
Marketplace, LLC for the San Luis Obispo
Marketplace project, be adopted? No
SECTION 2. That the full text of the resolution and two ordinances submitted to the
Voters are on file in the City Clerk's Office and available for viewing on the City's website,
www.slocity.org, and are incorporated herein by reference.
SECTION 3. That the ballots to be used at the special election shall be in form and
content as required by law.
SECTION 4. That the City Clerk is authorized, instructed and directed to procure and
furnish any and all official ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawfully conduct the special
election.
SECTION 5. That the polls shall be open at 7:00 a.m. of the day of the election and shall
remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be
closed, except as provided in section 14401 of the Elections Code of the State of California.
SECTION 6. That in all particulars not recited in this resolution, the special election
shall be held and conducted as provided by law for holding municipal elections.
SECTION 7. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the special
election, in time, form and manner as required by law.
Upon motion of Council Member Ewan, seconded by Mayor Romero, and on the
following vote:
AYES: Council Members Ewan and Mulholland, Vice Mayor Schwartz and
Mayor Romero
NOES: None
ABSENT: Council Member Settle
Resolution No. 9624 (2004 Series)
Page 4
The foregoing resolution was adopted this 16`h day of November 2004.
Mayor David F. Romero
ATTEST:
irD
Audrey Hoop r U
City Clerk
APPROVED AS TO FORM:
J6natir6n P. Lowell
City Attorney
�.��,- O
C�
RESOLUTION NO. 9Q3 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING THE VESTING TENTATIVE MAP FOR A MINOR SUBDIVISION
LOCATED AT 303 DEL MAR COURT
(CITY APPLICATION # MS/ER 149 -04
AND COUNTY MAP # SLO 04 -0185)
WHEREAS, the City Council conducted a public hearing on November 16, 2004, and
has considered testimony of interested parties, and considered the applicant's request for a
tentative parcel map to create three lots from an existing lot with an exception to the Subdivision
Ordinance, Section 16.36.230.13, flag lot requirement regarding the maintenance of a minimum
20 feet of street frontage, for property located at 303 Del Mar Court, and the evaluation and
recommendation of staff;
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
That this Council, after consideration of Tentative Parcel Map No. MS 149 -04 (County Map No.
SLO 04- 0185), staff recommendations, and reports thereof makes the following findings:
The site is not suited for the type and design of the subdivision. The small frontage of the
property is not suited to serve three residential lots.
2. The property to be divided is not of such size or shape, or is not affected by such
topographic conditions, that it is impossible, impractical or undesirable, in the particular
case, to conform to the strict application of the regulations codified in this title (Title 16,
Subdivisions, of the SLO Municipal Code).
3. The exception will be detrimental to the public health, safety and welfare, or be injurious to
other properties in the vicinity. The anticipated parking and trash receptacles generated by
three new parcels will spill out onto adjacent property frontages, creating adverse impacts
on the neighborhood.
4. Granting the exception is not in accord with the intent and purposes of the Subdivision
ordinance, the Zoning Regulations, and is not consistent with the general plan or other City
adopted plans and standards.
SECTION 2. Denial. The request for approval of Tentative Parcel Map No. MS 149 -04
(County Map No. SLO 04 -0185) and requested exceptions are hereby denied.
iZLAc?
Resolution No. 9623 (2004_ Series)
Page 2
On motion of Council Member Settle, seconded by Vice Mayor Schwartz, and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 16'' day of November 2004.
1 :24
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
J ` an P. Lowell
City Attorney
i
RESOLUTION NO. 9622 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO APPROVING A VESTING
TENATIVE TRACT MAP WITH EXCEPTIONS, AND
MITIGATED NEGATIVE DECLARATION FOR PROPERTY
LOCATED AT 2070 FIXLINI STREET
(TR/ER 95 -03; TRACT 2570)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on September 22, 2004, and recommended approval of Application TR/ER 95 -03, a
request to subdivide a 4.55 acre site into 13 single - family residential lots; and
., WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
November 16, 2004, for the purpose of considering Application TR/ER 95 -03; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Council has reviewed and considered the Mitigated Negative
Declaration of environmental impact for the project; and
WHEREAS, the Council has duly considered all evidence, including the
recommendation of the Planning Commission, testimony of interested parties, and the evaluation
and recommendations by staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
The design of the vesting tentative tract map is consistent with the General Plan because
the proposed subdivision respects existing site constraints (slope, creeks, wetlands,
significant trees), will incrementally add to the City's Low Density Residential housing
inventory, result in parcels that meet density standards, and will be consistent with the
density and lot sizes established in the neighborhood.
2. The site is physically suited for the proposed type of development because it is a vacant
site adjacent to existing street right -of -ways with complete City services.
3. The design of the subdivision will not conflict with easements for access through (or use
of property within) the proposed subdivision since all adjacent properties are accessed
R 9611
Resolution No. 9622 (2004 Series)
Page 2
independently and the resulting parcels will have separate street frontage and access from
the Fixlini Street extension.
4. The design of the tentative parcel map is not likely to cause serious health problems,
substantial environmental damage or substantially and unavoidable injure fish or wildlife
or their habitat because the perennial creek, two springs, wetlands and woodlands along
the property's southeast and northeast boundaries will be protected and enhanced to
provide significantly improved habitat over the current condition.
5. The property to be divided is of such size or shape, or is affected by such topographic
conditions, that it is impossible, impractical or undesirable, in the particular case, to
conform to the strict application of the regulations codified in the Subdivision Ordinance
because the site contains sensitive resource areas (creeks, wetlands, woodlands, trees)
that must be protected and a moderate slope where a nanrower street section will
minimize grading, thereby reducing drainage impacts, erosion and sedimentation and
visual resources.
6. The cost to the subdivider of strict or literal compliance with the regulations is not the
sole reason for granting the modification, because other findings are made to support
approval and the exceptions relate to existing physical conditions of the project site.
7. The modification will not be detrimental to the public health, safety and welfare, or be
injurious to other properties in the vicinity since the exceptions will result in a reduced .
street width that can provide adequate emergency vehicle access and an alternate parking
equivalent consistent with the Subdivision Regulations to standard curbside parking.
8. Granting the modification is in accord with the intent and purposes of these regulations,
and is consistent with the general plan and with all applicable specific plans or other
plans of the City, because the exceptions allow the project to respect existing site
constraints and does not grant special privileges or modify allowable land uses within the
existing R -1 zoning district.
9. A Mitigated Negative Declaration was prepared by the Community Development
Department on September 13, 2004. The City Council finds and determines that the
project's Mitigated Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed project.
SECTION 2. Environmental Review. The City Council finds and determines that the
project's Mitigated Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed project, and reflects the independent judgment of the City
Council. The Council hereby adopts said Mitigated Negative Declaration and incorporates the
following mitigation measures and monitoring programs into the project:
Resolution No. 9622 (2004 Series)
Page 3
Mitigation Measures:
Aesthetics
1. All 13 lots are designated as "sensitive sites ". This status ensures that future site
development will respect existing site constraints (slope, creek, springs, trees), privacy of
occupants and neighbors of the project, and be compatible with the scale and character of
the surrounding neighborhood. The development of the lots, either cumulatively or
individually, will require Architectural Review in accordance with Municipal Code
Section 2.48.
➢ Monitoring Program.: Compliance with this requirement will be monitored through the
review of detailed plans submitted for Architectural Review and Building Permit by the
Community Development Department staff.
Air Quality
2. Development of the site could result in increased levels of fugitive dust associated with
construction and grading activities, as well as construction emissions associated with
heavy -duty construction equipment. The following mitigation measures have been
provided by the APCD to control dust and minimize potential violations for the project:
(A) Reduce the amount of the disturbed area where possible.
(B) Use water truck or sprinkler systems in sufficient quantities to prevent airborne dust
from leaving the site. Increased watering frequency whenever wind speeds exceed 15
mph. Reclaimed (non - potable) water shall be used whenever possible.
(C) All dirt stock -pile areas should be sprayed daily as needed.
(D) Permanent dust control measures identified in the approved project revegetation and
landscape plans shall be implemented as soon as possible following completion of
any soil disturbing activities.
(E) All disturbed soil areas not subject to revegetation shall be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the
APCD.
(F) Vehicle speed for all vehicles shall not exceed 15 mph on any unpaved surface at the
site.
(G)In the event that the excavation of materials will take place in close proximity of
asphalt, street sweepers shall be used at the end of each day if soil material is carried
onto adjacent paved roads.
(H) All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should
maintain at least two feet of freeboard (minimum vertical distance between top of
load and top of trailer) in accordance with CVC section 23114.
Resolution No. 9622 (2004 Series)
Page 4
(I) Exposed ground areas that are planned to be reworked at dates greater than one month
after initial grading should be sown with a fast - germinating native grass seed and
watered until vegetation is established.
(J) Plant shade trees along southern exposures of buildings to reduce summer cooling
needs as well as planting trees on both sides of the roads to reduce the reflective
radiating heat of asphalt roads.
(K) Install wheel washers where vehicles enter and exit unpaved roads onto streets, or
wash off trucks and equipment leaving the site.
(L) Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers with reclaimed water should be used where feasible.
All PM mitigation measures must be included on grading and building plans. In addition,.
the contractor or builder shall designate a person or persons to monitor the dust control
program and to order increased watering, as necessary, to prevent transport of dust off
site. Their duties shall include holidays and weekend periods when work may not be in
progress. The name and telephone of such persons shall be provided to the APCD prior
to land use clearance for map recordation and grading.
3. The project site is located in a Naturally Occurring Asbestos candidate area. Naturally
Occurring Asbestos has been identified by the state Air Resources Board as a toxic air
contaminant. Serpentine and ultramafic rocks are very common in the state and may
contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics
Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining
Operations, the applicant must comply with all requirements outlined in the Asbestos
ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. These
requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan
which must be approved by the District before construction begins, and 2) an Asbestos
Health and Safety Program will also be required for some projects, to the approval of the
APCD. The APCD monitors State air quality requirements and will be routed plans that
are submitted for building permits for the project to insure compliance with all standards
and requirements. APCD also responds in the field during construction on a complaint
basis.
➢ Monitoring Program: Construction phase air quality mitigation measures are monitored
by the Air Pollution Control District (APCD), through a complaint based enforcement
system. The requirements listed above are noted on the project plans and the City
Building Inspector and Public Works Inspector for the project are instructed to contact
APCD in the event of a probably violation. Members of the public can also call APCD if
they are concerned about dust or other emissions from a construction site. Building
permits for the project will not be issued until the APCD has "signed -off' on the
applicant's Asbestos Dust Mitigation Plan and Asbestos Health and Safety Program.
o 01
Resolution No. 9622 (2004 Series)
Page 5
Biological Resources
4. The disruption of the wetland and creek areas will be properly mitigated by complying
with the California Department of Fish and Game streambed alteration permits and the
U.S. Army Corps of Engineers wetland permits. The applicants (or their successors) for
the proposed project will prepare the necessary documentation/mitigation plans to obtain
the permitting from these agencies.
5. Prior to final map approval and recordation, a Biological Open Space Easement
Agreement shall be recorded to ensure that the riparian woodland, wetland and oak
woodland resources are properly protected and managed after site development and no
ornamental planting or other related disturbances occur following development, subject
to the approval of the Natural Resources Manager.
6. Once a more detailed grading plan is available, a plant ecologist/restoration specialist
shall prepare a landscape restoration plan for the open space easement. The plan shall
survey the site for sensitive plant species as identified in the Biological Resources
Assessment and Constraints Analysis prepared by Rincon Consultants Inc.; identify
suitable sites for replanting the species affected, establish replanting ratios, and contain a
monitoring plan to ensure the success of the replanting. Planting shall be completed as
part of subdivision improvements.
7. A control fence delineating the open space easement boundary shall be installed prior to
construction. A qualified biological monitor shall be present during all construction or
landscaping activities scheduled to take place within the barrier, to the approval of the
Natural Resources Manager.
8. Erosion control measures shall be used to ensure that no sedimentation of the creek
channel occurs as a result of construction activities.
9. The Architectural Review Commission shall review the design and location of all fencing
proposed adjacent to the open space easement to ensure consistency with the Creek
Setback Ordinance and the Community Design Guidelines.
10. Tree #111, a T' DBH Coast Live Oak, shall be preserved and protected through means
established by the International Society of Arboriculture to the satisfaction of the City
Arborist.
11. All approved tree removals shall comply with all requirements contained in the Migratory
Bird Treaty Act, which prohibits the removal of trees with active nests until such time as
the young have fledged and the nest is abandoned.
Resolution No. 9622 (2004 Series)
Page 6
➢ Monitoring Program: Compliance with these requirements will be monitored by the
Community Development and Public Works Departments through review of the project's
Biological Easement Agreement, final map requirements, daily on -site inspections by the
Building and Public Works Inspectors, architectural review of the new home designs and
release of building occupancy.
Geology and Soils
12. Building plans and specifications for site development shall incorporate all
recommendations included in the Engineering Geology Investigation and Soil
Engineering Report prepared by GeoSolutions, Inc. for the project dated July 13, 2003,
subject to the approval of the Chief Building Official.
9 Monitoring Program: Building permits are required for all proposed grading activities
and construction of common improvements on -site. These building permits will be
evaluated for compliance with the recommendations of the soils report.
Hazards and Hazardous Materials
13. Prior to issuance of a building permit for any site improvements, the half buried 55-
gallon drum shall be removed. by a qualified professional and disposed of at a facility
able to adequately handle the container and its contents, and any contamination identified
by the qualified professional shall be removed from the site and cleaned -up to meet
Regional Water Quality Control Board standards.
➢ Monitoring Program: The Planning Division of the Community Development
Department will review plans submitted for any building permit application and require
that the applicant provide documentation that the half buried 557gallon drum has been
property removed from the site, and any residual contamination cleaned -up to meet
Regional Water Quality Control Board standards.
Hydrology and Water Quality
14. Stormwater runoff from all improved areas of the development site, except rooftops, shall
be treated in accordance with the Best Management Practices (BMPs) published in the
California Stormwater Quality Association's Best Management Practice Handbook,
January 2003. For the purposes of water quality design, all water quality BMPs shall be
designed to treat runoff from a 25 mm/24 -Hour storm event.
Monitoring Program: Building permit applications submitted for subdivision
improvements and applications for Architectural Review of house designs will be
reviewed by the Public Works and Community Development Departments for
compliance with this requirement.
i
Resolution No. 9622 (2004 Series)
Page 7
Noise
15. The following construction methods shall be incorporated in to the design of the
buildings on lots 8, 9 & 10 to achieve a Noise Level Reduction of 25 dB for
transportation related noise sources:
(A)Provide air conditioning or a mechanical ventilation system, so windows and doors
may remain closed.
(B) Mount windows and sliding glass doors in low air infiltration rate frames (0.5 cfm or
less, per ANSI specifications).
(C) Provide solid -core exterior doors with perimeter weather stripping and threshold
seals.
(D) Cover exterior walls with stucco or brick veneer, or wood siding with 1/2" minimum
thickness fiberboard ( "soundboard ").
(E) Keep glass area in windows and doors below 20% of the floor area in a room.
(F) Provide baffles for roof or attic vents facing the noise source.
16. A sound barrier shall be installed for lots 9 & 10 as necessary to achieve the required
IOdB of outdoor noise reduction for lot 9 and 5 dB outdoor noise reduction for lot 10.
The design of the noise barriers shall be reviewed and approved through the Architectural
Review process as part of the design review of the homes, prior to installation, to ensure
design consistency with the Community Design Guidelines. Depending on the design
and location of the home and sound barrier for lot 9, a 5dB outdoor noise reduction may
be achieved for lot 10, and a separate sound barrier may not be required for this lot. A
continuous sound wall is the least desirable solution to address this impact. Partial walls,
building placement, or other solution shall be given preference consistent with General
Plan policy direction.
➢ Monitoring Program: Compliance with these requirements will be monitored through the
review of detailed plans submitted for Architectural Review and Building Permit by the
Community Development Department staff.
Transportation/Traffic
17. Turning movements at the Johnson/Fixlini intersection are limited to right turn in and out
until such time as a dedicated center turn lane is installed on the project's Johnson
Avenue frontage.
18. The existing power poles on the project's Johnson Avenue frontage shall be removed.
Resolution No. 9622 (2004 Series)
Page 8
19. The vegetation along the project's Johnson Avenue frontage shall be trimmed and
maintained to provide adequate visibility for motorists, subject to the approval of the
Public Works Director and Natural Resources Manager.
20. Since an alternate, lesser width, street section is being utilized for the project and
curbside parking is not provided, a parking equivalent of one space per 25 feet of
frontage, for a total of seventeen spaces, shall be provided for the project to the approval
of the Public Works and Community Development Directors. Such alternate parking
shall be provided within a public right -of -way, or on lots adjacent to the street, with
convenient access to the street.
21. Prior to final map approval and recordation, a 10 -foot wide pedestrian access easement
shall be recorded for the purpose of providing an alternative bicycle and pedestrian
transportation route through the project site, subject to the approval of the Public Works
Director and Natural Resources Manager.
22. Sidewalk improvements shall be installed on the easterly side of the Fixlini Street
extension for lots 1, 2, 3 & 4 to properly connect the project to existing sidewalk
improvements along Fixlini Street and the 10 -foot wide pedestrian access easement,
subject to the approval of the Public Works Director.
Monitoring Program: Building permit applications submitted for subdivision
improvements will be reviewed by the Public Works and Community Development
Departments for compliance with these requirements.
SECTION 3. Action. The City Council does hereby approve Application TR/ER 95 -03
with incorporation of the following conditions and code requirements into the project:
Conditions:
Prior to final map approval, the building envelope for lot 9 shall be revised to show
compliance with the R -1 zoning district street yard setback standard of 20 -feet along
Johnson Avenue.
2. The final map shall include a note stating that development of the lots, either
cumulatively or individually, requires Architectural Review in accordance with
Municipal Code Section 2.48.
3. The final map shall indicate driveway locations for lots 8 & 9. Driveway access onto
Johnson Avenue shall not be permitted and driveways shall not be located within the first
20 -feet of the beginning of the curb return.
C O
Resolution No. 9622 (2004 Series)
Page 9
4. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify
and hold harmless the City and/or its agents, officers and employees from any claim,
action or proceeding against the City and/or its agents, officers or employees to attack, set
aside, void or annul, the approval by the City of this subdivision, and all actions relating
thereto, including but not limited to environmental review.
Code Requirements:
1. All streets shall be constructed as shown on the vesting tentative map in accordance with
the most current City regulations, City of San Luis Obispo Engineering Standards and
Standard Specifications except as follows:
a. The street "dogleg" adjacent to Lot 4 shall be eliminated and replaced with a
knuckle or an alternative design that accommodates two way traffic, without
traffic encroaching in the opposite travel lane, to the satisfaction of the Public
Works Director.
b. The inside and outside curves for the parking insets hall have a minimum radius
of 6.1 m.
c. City standard curb and gutter shall be installed, in lieu of the rolled curb shown on
the tentative map.
2. Since curbside parking is not provided, alternate parking equivalent of one space for each
twenty -five feet of frontage shall be provided. Such alternate parking shall be provided
within a public right -of -way, or on lots adjacent to the street, with convenient access to
the street.
3. A public improvement plan, prepared by a registered civil engineer, shall be submitted to
the Public Works Director for review and approval. All grades, layout, staking and cut -
sheets necessary for the construction of street paving and frontage improvements shall be
the responsibility of the subdivider.
4. The subdivider shall secure offsite dedication and improve, to City Standards, the
extension of Fixlini Street to the Northwesterly subdivision boundary. If this right-of-
way dedication has not been acquired by the time of final map approval, the City shall
lend its power of eminent domain, in accordance with Section 66462.5 of the California
Government Code.
5. The subdivider shall dedicate a 2m wide public utility easement and a3m wide street tree
easement across all public street frontages. Said easement shall be adjacent to and
contiguous with the public right -of -way.
6. The subdivider shall dedicate a minimum 2m wide public pedestrian easement along the
Northeasterly side of the Fixlini Street extension along proposed lots one through four.
Resolution No. 9622 (2004 Series)
Page 10
Said easement shall be adjacent to and contiguous with the public right -of -way.
Water, Sewer & Utilities
7. Final grades and alignments of all public water, sewer and storm drains (including service
laterals and meters) shall be subject to change to the satisfaction of the Public Works
Director and Utilities Engineer.
8. The subdivider shall place underground, all existing overhead utilities along the public
street frontage (s), to the satisfaction of the Public Works Director.
9. The subdivider shall provide each lot individual electrical, phone, television, natural gas,
water service, and sewer connections to the approval of the affected utility companies and
the Public Works Director.
10. The subdivider shall install street lighting and all associated facilities (conduits, sidewalk
vaults, fusing, wiring, luminaries, etc.) per City standards and P, G and E's requirements.
Grading & Drainage
11. Improvement plans shall include a complete grading, erosion control and drainage plan
and appropriate calculations for the entire site. The grading plan shall include existing
and proposed contours to clearly depict the proposed grading and drainage for this
development.
12. The rate of runoff from the site post development shall not exceed that of predevelopment
for the 2, 10, 100 year 24hour storm. Analysis and design of stormwater facilities shall
be consistent with the City's Waterways Management Plan - Drainage Design Manual.
13. All proposed detention basin and drainage improvements, except those within a public
street, shall be privately owned, in an easement or separate lot and maintained by a
homeowners' association.
14. The CCRs for the project shall require that the homeowners association or acceptable
maintenance organization submit, to the City of San Luis Obispo Public Works
Department, a detailed report prepared by a licensed Civil Engineer addressing the
condition of all private stormwater facilities and any necessary maintenance activities on
a semi -annual basis (April 30 and October 1 of each year). The CCRs for the project
shall also include detailed procedures for maintenance and operations of any storm water
facilities.
15. All bridging, culverting and modifications to the existing creek channels must be in
Resolution No. 9622 (2004 Series)
Page 11
compliance with city standards and policies, the City's Flood Management Policy Book
(specifically regarding clear spanning of creeks, etc.) and be approved by the Public
Works Director, Army Corp of Engineers, and Fish & Game.
16. Any necessary clearing of existing creek and drainage channels, including tree pruning or
removals, and any necessary erosion repairs shall be to the satisfaction of the Public
Works Director, the City's Natural Resources Manager and the California Department of
Fish & Game.
17. All lots shall be graded to preclude cross -lot drainage, or, appropriate easements and
drainage facilities shall be provided, to the satisfaction of the Public Works Director.
18. General Construction Activity Storm Water Permits are required for all storm water
discharges associated with a construction activity where clearing, grading and excavation
results in land disturbance of one or more acres. Permits are required until the
construction is complete. To be covered by a General Construction Activity Permit, the
owner(s) of land where construction activity occurs must submit a completed "Notice of
Intent" (NOI) form, with the appropriate fee, to the State Water Resources Control Board.
The WDID # from the State Water Resources Control Board shall be included on all
plans submitted to the City involving ground disturbing activities.
19. A copy of the Stormwater Pollution Prevention Plan required by the State Water Quality
Control Board shall be included with the Public Improvement Plan set.
Mapping and Misc. Requirements
20. The subdivider shall submit a final map to the city for review, approval, and recordation.
The map shall be prepared by, or under the supervision of a licensed land surveyor or
registered civil engineer authorized to practice land surveying. The final map shall be
prepared in accordance with the Subdivision Map Act and the Subdivision Regulations.
21. The final map shall include any required public or private easements as required for the
proposed development of the tract. Easements may include, but are not limited to,
grading, drainage, water, sewer, storm drainage, access, vehicle turn- around, and utilities.
Any CC &Rs, maintenance or common driveway agreements shall be completed and
recorded concurrent with final map approval.
22. The Final Map shall show the area of the Johnson Avenue widening that was granted to
the City, according to a Grant Deed recorded in Volume 1344 Page 669 of Official
Records in the office of the County Recorder, San Luis Obispo County, California.
23. The two exterior corners of the subdivision shall be tied to at least two points of the City's
horizontal control network (these tie lines shall be shown on the final map), California State
C�
Resolution No. 9622 (2004 Series)
Page 12
Plane Coordinate System, Zone 5 (1991.35 epoch adjustment of the North American
Datum of 1983 also referred to as "NAD 83" - meters) for direct import into the
Geographic Information System (GIS) database. Submit this data either via email, CD or a
3 -1/2" floppy disc containing the appropriate data for use with AutoCAD, version 2000 or
earlier (model space in real world coordinates, NAD 83 - m). If you have any questions
regarding format, please call prior to submitting electronic data.
24. The final map, public improvement plans and specifications shall use the International
System of Units (metric system). The English System of Units may be used on the final
map where necessary (e.g. - all record data shall be entered on the map in the record
units, metric translations should be in parenthesis), to the approval of the Public Works
Director.
25. Electronic files and stamped and signed drawings shall be submitted for all public
improvement plans prior to map recordation or commencing with improvements,
whichever occurs first. Submittal documents shall include the electronic drawing files
(.dwg) and any associated plot files.
26. Prior to acceptance by the City of public improvements, the subdivider's engineer shall
submit a digital version of all public improvement plans and record drawings, compatible
with Autocad (Digital Interchange Format, DXF) for Geographic Information System
(GIS) purposes, to the satisfaction of the Public Works Director.
27. All public facilities shall be located within proposed easements or property deeded to the
City.
28. Upon development, a water allocation will be required, due to the additional demand on
the City's water supplies. The City currently has water to allocate, and does so on a
"first -come, first- served" basis. Water is allocated at the time building permits are issued
and the Water Impact Fee is paid. Both the Water and the Wastewater Impact Fees are
charged on a per residential unit basis.
29. Some off -site public sewer must be constructed in order to serve this project. At the
City's discretion, the applicant may be required to construct the sewer main extension
across the entire frontage along Johnson Avenue. Additional comments will likely
follow the submittal of complete improvement plans for the tract and off site
improvements.
30. By ordinance, the applicant is required to prepare a recycling plan for approval by the
City to address the recycling of construction waste for projects valued at over $50,000 or
demolition of structures over 1000 square feet. The recycling plan shall be submitted to
the Building Department with the building plans. The City's Solid Waste Coordinator
can provide some guidance in the preparation of an appropriate recycling plan.
Resolution No. 9622 (2004 Series)
Page 13
31. One street tree is required per 35 lineal feet of street frontage or any part thereof. Trees
shall be planted to City specifications.
32. The final map shall include curb ramps complying with City standards at all street
intersections.
33. Water supplies shall be in accordance with Sections 901 and 903 of the California Fire
Code (CFC). An approved water supply capable of providing the required fire flow for
fire protection is required. The fire flow shall be determined using Appendix III -A of the
CFC.
34. Fire hydrants shall be installed in accordance with Section 903.4 of the CFC. The
location, number and type of hydrants connected to the City system shall be determined
using Appendix III -B of the CFC and the approved City Engineering Standards.
35. Fire protection systems shall be installed in accordance with the CFC and the California
Building Code. An approved NFPA 13 (D,R) system will be required for this project.
36. Access roads shall be in accordance with Article 9 of the CFC. Access roads shall have
an unobstructed width of not less than 20 -feet and an unobstructed vertical clearance of
13' 6 ". Access roads shall be designed and maintained to support the imposed loads of a
60,000 fire apparatus and shall be provided with a surface so as to provide all- weather
driving capabilities.
C
Resolution No. 9622 (2004 Series)
Page 14
On motion of Council Member Settle, seconded by Council Member Mulholand and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, and Vice Mayor
Schwartz
NOES: None
ABSENT: Mayor Romero
The foregoing resolution was passed and adopted this 16`h day of November 2004.
Mayor David F. Romero
ATTEST:
Audrey Hoer
City Clerk
APPROVED AS TO FORM:
Jonath Lowell
City Attorney
��v ® �
�� f
�� c�a 7��� -�'
fi=t r2>
C: O
RESOLUTION NO. 9621 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO AMENDING
THE CITY'S CONFLICT OF INTEREST CODE
WHEREAS, the City Council adopted Resolution No. 5044 (1983 Series) amending the
City's Conflict of Interest Code by incorporating by reference the Fair Political Practices
Commission's standard model Conflict of Interest Code (Title 2, Division 6 of the California
Code of Regulations) and updating the list of designated positions required to file a Statement of
Economic Interests; and
WHEREAS, the Political Reform Act requires that the City Council review its Conflict
of Interest Code biennially to determine if it is accurate or must be amended; and
WHEREAS, Resolution No. 9393 (2002 Series) adopted on December 3, 2002, amended
the Code by updating the Appendix (List of Designated Positions); and
WHEREAS, a review of the Appendix indicates that amendments are necessary to reflect
changes in job titles, positions and classifications; and further reveals the need to add disclosure
categories specifying those financial interests that designated positions must disclose.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Resolution No. 9393 (2002 Series) is hereby rescinded.
SECTION 2. The Fair Political Practices Commission's standard model Conflict of
Interest Code (Title 2, Division 6 of the California Code of Regulations), as reorganized, along
with the List of Designated Positions and Disclosure Categories in the Appendix constitute the
City of San Luis Obispo's Conflict of Interest Code.
Upon motion by Council Member Settle, seconded by Council Member Ewan, and on the
following vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
R 9621
Resolution No. 9621 (2004 Series)
Page 2
The foregoing resolution was adopted this 16"' day of November 2004.
Mayor David F. Romero
ATTEST:
Audrey Hoop
City Clerk
APPROVED AS TO FORM:
Joaatl an Lowell
City Attorney
Resolution No. 9621 (2004 Series)
Page 3
POSITION
Administrative Office:
APPENDIX
AMENDED LIST OF DESIGNATED POSITIONS
AND DISCLOSURE CATEGORIES'
DISCLOSURE CATEGORY
Assistant City Administrative Officer 1
Economic Development Manager 3
Natural Resources Manager 3
Principal Administrative Analyst 1
City Attorney:
Assistant City Attorney
City Clerk:
City Clerk
Community Development:
Associate Planner(s) 3
Building Inspector(s) 3
Building Permit Coordinator 3
Chief Building Official 3
Code Enforcement Coordinator 3
Community Development Director 3
Contract Planner(s) 1
Deputy Community Development Director, Development Review 3
Deputy Community Development Director, Long Range Planning 3
Housing Programs Manager 3
Plan Examiner 2
Planning Technician 3
Senior Planner(s) 3
Finance & Information Technoloizv Devartment:
Accounting Supervisor 2
Customer Services Supervisor 2
Finance Manager 2
Information Technology Manager 2
Telecommunications Supervisor 2
'The Mayor and Council Members, Planning Commissioners, City Administrative Officer, City Attorney
and City Finance Director are required to file Statements of Economic Interests pursuant to Government
Code Section 87200, and are therefore, not included in the List of Designated Positions required to file
pursuant to the City's Conflict of Interest Code.
0 0
Resolution No. 9621 (2004 Series)
Page 4
Appendix, page 2
POSITION DISCLOSURE CATEGORY
Fire Denartment:
Battalion Chief (Fire Marshall) 3
Battalion Chief(s) 3
Fire Chief 1
Fire Inspector 3
Hazardous Materials Coordinator 3
Human Resources Department:
Human Resources Analyst 2
Human Resources Director 1
Risk Manager 2
Police Department:
Administrative Analyst 2
Administrative Assistant 2
Chief of Police 1
Communications Manager 2
Neighborhood Services Manager 2
Police Captain(s) 2
Police Lieutenant(s) 2
Public Works Department:
Administrative Services Manager 2
Building Maintenance Supervisor 2
Construction Engineer Manager 2
Deputy Public Works Director 2
Director of Public Works 1
Engineering Assistant(s) 2
Field Engineering Assistant 3
Fleet Supervisor 2
Parking Manager 2
Parks and Urban Forest Supervisor 2
Principal Transportation Planner 2
Program and Project Coordinator 3
Public Works Inspector(s) 3
Streets Supervisor 2
Supervising Civil Engineer 2
Transit Manager 2
10
Resolution No. 9621 (2004 Series)
Page 5
POSITION
K
Appendix, page 3
DISCLOSURE CATEGORY
Parks & Recreation Department:
Director of Recreation 1
Golf Course Supervisor 2
Range Service Administrator 2
Recreation Manager 11 2
Recreation Supervisor — Adult Sports/Special Classes 2
Recreation Supervisor - Aquatics 2
Recreation Supervisor - Child Care 2
Recreation Supervisor - Youth Athletics/Special Events 2
Utilities Department:
Administrative Analyst 2
Industrial Waste Coordinator 2
Industrial Waste Inspector 3
Utilities Director 1
Utilities Engineer 2
Wastewater Collection Supervisor 2
Wastewater Division Manager 2
Wastewater Treatment Plant Supervisor 2
Water Conservation Coordinator 2
Water Distribution Supervisor 2
Water Division Manager 2
Water Projects Manager 2
Water Supply Supervisor (Whale Rock) 2
Water Treatment Supervisor 2
Committees/Commissions:
Members of the Architectural Review Commission 3
Members of the Cultural Heritage Committee 3
Members of the Housing Authority 3
M
Resolution No. 9621 (2004 Series)
Page 6
Other Positions:
ConsultantS2
Downtown Association Administrator
Housing Authority Executive Director
Temporary Positions3
M
Appendix, page 4
ZConsultants should be included in the list of designated employees and shall disclose pursuant to the broadest
disclosure category in the code subject to the following limitation:
The City Administrative Officer may determine (upon written application by the consultant) that a particular
consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and
thus is not required to fully comply with the disclosure requirements described in this section. Such written
determination shall include a description of the consultant's duties and, based upon that description, a statement
of the extent of disclosure requirements. The City. Administrative Officer's determination is a public record and
shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.
If a consultant believes he or she is exempt from disclosure requirements of law, prior to the application to the
City Administrative Officer, the consultant shall obtain opinion to that effect from an admitted attorney to
practice in the State of California, which opinion shall contain the information specified in the paragraph
above.
3Temporary positions may be required to file a Statement of Economic Interests upon determination by the City
Attorney that the temporary position is the functional equivalent of a designated position.
n C,
Resolution No. 9621 (2004 Series)
Page 7
Appendix, page 5
DISCLOSURE CATEGORIES
Cateiz Reportable Interests
Investments, business positions, income from sources located in or doing business
in the jurisdiction, interests in real property located in the jurisdiction, including
property located within a two -mile radius of any property owned or used by the City.
2 Investments, business positions, and sources of income of the type which provide
services, supplies, materials, machinery or equipment of the type utilized by the
City.
Investments, business positions, and sources of income of the type that engage in
land development, construction or the acquisition or sale of property. Interests in
real property located within the jurisdiction, including property located within a
two -mile radius of any property owned or used by the City.
on
Ir
CA
J r I 4i
+l -UV
RESOLUTION NO. 9620 (2004 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO AUTHORIZING THE FILING OF THE 2004 -05 FEDERAL CAPITAL
AND OPERATING ASSISTANCE GRANT APPLICATION WITH THE
FEDERAL TRANSIT ADNIINISTRATION
WHEREAS, the Federal Transit Administration has been delegated authority to
award Federal financial assistance for a transportation project; and
WHEREAS, a grant of federal assistance will impose certain obligations upon the
City of San Luis Obispo and may require the City of San Luis Obispo provide the local
share of project costs; and
WHEREAS, the City of San Luis Obispo will provide all annual certifications and
assurances to the Federal Transit Administration required for the project;
WHEREAS, a grant of federal assistance will impose certain obligations upon the
San Luis Obispo Regional Transit Authority and may require the San Luis Obispo
Regional Transit Authority provide the local share of project costs; and
WHEREAS, the San Luis Obispo Regional Transit Authority will provide all annual
certifications and assurances to the Federal Transit Administration required for the
project;
BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows:
SECTION 1. The City of San Luis Obispo and San Luis Obispo Regional Transit
Authority are eligible recipients as defined by 49 U.S.C. 5307.
SECTION 2. The Public Works Director is authorized to execute and file an
application for Federal assistance on behalf of the City of San Luis Obispo with the
Federal Transit Administration for Federal assistance authorized by 49 U.S.C. Chapter
53, Title 23, United States Code and other Federal statutes authorizing a project
administered by the Federal Transit Administration.
SECTION 3. The Public Works Director is authorized to execute and file with the
application the annual certifications, assurances, and other documents the Federal Transit
Administration requires before awarding a Federal assistance grant.
SECTION 4. The Public Works Director is authorized to execute grant agreements
with the Federal Transit Administration on behalf of the City of San Luis Obispo.
R 9620
Resolution No. 9620 (zo04 Series)
Page 2
SECTION 5. The San Luis Obispo Regional Transit Authority is shall:
a) Seek authority from its governing board to execute and file its FTA Section
5307 grant application with the Federal Transit Administration;
b) Satisfy all requirement associated with submitting its FTA Section 5307 grant
application documents (including, but not limited to, the annual certifications,
assurances);
c) Receive its grant award and request reimbursements from the Federal Transit
Administration; and
d) Manage its grant award and submit all reports associated with its grants.
Upon motion of Council Member Mulholland, seconded by Council Member
Settle, and on the following vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 16`s day of November 2004
Mayor David F. Romero
ATTESTED:
Audrey Hoop
City Clerk
APPROVED AS TO FORM:
Jo an P. Lowell
City Attorney
?LO O
RESOLUTION NO. 9619 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING USE PERMIT TO ALLOW AUTO SALES AND ACCESSORY SERVICE
AT 892 AEROVISTA
PD -91 -04
WHEREAS, the City Council conducted a public hearing on October 19, 2004 and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action for PD 91 -04, and the evaluation and recommendation of staff; and
WHEREAS, the City Council has considered the draft mitigated Negative Declaration of
environmental impact as prepared by staff for PD 91 -04;
BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings.
1. The City Council finds and determines that the proposed use, auto sales and service, will
not be detrimental to the health, safety or welfare of persons working or living at the site
or within the vicinity. This is because the site is surrounded by existing commercial
service uses, including auto service centers, and vacant commercial property.
2. The site is adequately served by an improved highway and street system and will not
increase commercial traffic within sensitive residential areas.
3. The use is consistent with the County Airport Land Use Plan since the Airport Land Use
Commission voted to find the project consistent with the Land Use Plan.
4. As conditioned, the use will be consistent with the General Plan and the City's
Community Design Guidelines. This is because project conditions require the use to be
designed with sensitivity to the scenic corridor of Broad Street and sensitivity to adjacent
commercial properties that may develop as a business park. Aesthetic concerns of the
proposed development will be addressed through the City's Architectural Review
Commission's review of plans for consistency with the Community Design Guidelines
prior to approval.
5. All affected public facilities, services, and utilities are adequate to serve the proposed
project.
6. The location, size, site planning and operating characteristics of the project are highly
suited to the characteristics of the site and surrounding neighborhood, and will be
compatible with the character of the site, and the land uses and development intended for
the surrounding neighborhood by the General Plan.
R 9619
Resolution No. 9619 (2004 Series)
Page 2
7. The site is adequate for the project in terms of size, configuration topography, and other
applicable features, and has appropriate access to public streets with adequate capacity to
accommodate the quantity and type of traffic expected to be generated by the use.
8. The Mitigated Negative Declaration prepared for the Planned Development amendment
(PD 91 -04) adequately addresses the potential significant environmental impacts of the
proposed project, and reflects the independent judgment of the Council.
SECTION 2. Action.
The City Council hereby approves the request (PD 91 -04) for a Use Permit to allow the
establishment of auto sales and accessory service uses at 892 Aerovista, subject to the following
conditions:
The final design shall require review and approval by the Architectural Review
Commission for consistency with the Community Design Guidelines and the Draft
Airport Area Specific Plan.
2. Specific attention shall be given to the following design features for the establishment of
auto sales:
a) Architectural character shall strive to be responsive to the specific Airport Area
and San Luis Obispo context, including factors such as history and climate.
b) Building design shall be varied and distinctive, while being in harmony with its
context. Repetitive and/or stock design solutions should be avoided.
c) Building architecture shall respond to the area's rural agricultural heritage.
d) Building offsets and articulations of the wall plane shall be used to: reduce the
apparent overall building mass; create a play of shadow; provide visual interest;
and maintain a sense of scale.
e) Rooflines shall be varied to add character and interest to buildings. Roof forms
that reference rural, agricultural building prototypes are preferred over flat roofs.
3. The use is restricted to the establishment of passenger vehicle sales and leasing only.- No
RV sales, heavy trucks, or auto rental facilities shall be allowed. Auto repair and service
uses may be established as an accessory use to a new automobile retail sales center.
4. Establishment of the use will be subject to applicable code requirements including, but
not limited to, off site improvements, impact fees, maintenance agreements dedications,
or other items necessary in order to allow the use to operate without causing detriment to
City Services and the public health, safety or welfare. Code requirements will be
determined at the time of review of final architectural plans.
5. Establishment of the use shall be subject to mitigation measures adopted with the
approval of PD 91-04.
10
Resolution No. 9619 (2004 Series)
Page 3
On motion of Council Member Settle, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 19th day of October 2004.
Mayor David F. Romero
ATTEST:
i(
.1 (xi X�/ / 4A 4
Audrey Hoo er i
'City Clerl�
• 41-11160 ZIIXEM01103X617UI
Jo ath . Lowell
City Attorney
C�
RESOLUTION NO. 9618 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TO
PROVIDE JUVENILE DIVERSION PROGRAM SERVICES FOR AT -RISK YOUTH
WITH JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT FUNDING OF
$6,167 PROVIDED BY THE STATE BOARD OF CORRECTIONS AND
APPROVING CITY MATCHING FUNDS OF $685
WHEREAS, the San Luis Obispo Police Department through the City of San Luis
Obispo desires to continue the Juvenile Diversion Program that has been in operation for six
years; and
WHEREAS, Juvenile Accountability Incentive Block Grant funding will help support
services offered to at -risk juveniles and their families, including: mediation, counseling, esteem
building and family skills training; and
WHEREAS, Collectively, these interventions aim to produce early and effective results
leading ultimately to a reduction in the number of juvenile court filings; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo to adopt a resolution approving continuation of the Juvenile Diversion Program Services
and acceptance of the $6,167 Juvenile Accountability Incentive Block Grant with approval for
City matching funds of $685.
BE IT FURTHER RESOLVED that any liability arising out of the performance of the
Grant Award Agreement, including civil court actions for damages, shall be the responsibility of
the grant recipient and the authorizing agency. The State of California and the Board of
Convections disclaim responsibility for any such liability.
BE IT FURTHER RESOLVED by the Council of the City of San Luis Obispo that the
Chief of Police is authorized on its behalf to execute all grant related documents including the
State of California Standard Agreement contract, any extensions or amendments thereof and any
subsequent contract with the State in relation thereto.
Upon motion of Council Member Settle, seconded by Council Member Mulholland,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
R 9618
o �
Resolution No. 9618 (2004 Series)
Page 2
The foregoing resolution was adopted this 19'h day of October 2004.
Mayor David F. Romero
o
Audrey Hoo
City Clerk
APPROVED AS TO FORM:
Jon P. Lowell
City Attorney
C n
RESOLUTION NO. 9617 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE DONATION OF A PUBLIC ART PIECE ENTITLED "STORYBOARD"
FROM FRANCISCAN DEVELOPMENTS
WHEREAS, pursuant to receipt of a Public Art Application for Privately Funded Art on
City-Owned Property, Exhibit A attached herein, Franciscan Developments has offered to donate a
sculpture entitled "Storyboard" to the City of San Luis Obispo; and
WHEREAS, subject to Resolution No. 8965 (1999 Series), Exhibit B attached herein, all
donations exceeding $5,000 shall be accepted through a written agreement consistent with these
guidelines and approved by City Council; and
WHEREAS, "Storyboard" is appraised at $30,000.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo
hereby accepts the public art sculpture, "Storyboard" subject to the terms and conditions of
Exhibits A and B.
Upon motion of Council Member Settle, seconded by Council Member Mulholland,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 19`h day of October 2004.
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jon than . Lowell
City ttorney
R 9617
PUBLIC ART APPLICATION (No F e) EM U � 'IN,
PRIVATELY FUNDED ART. ON CITY -OWNED PROPERTY
CITY OF SAN LU
aim Street, San Luis Obispo, CA 93401 (805) 781 -7151
By signing this Application below and in consideration for participating in the City's Privately
Funded Art on City -Owned Property program, the artist/owner hereby acknowledges and
assigns the right to collect any royalty payment provided by Civil Code section 986(a) to the
City. Except as provided above, the artist/owner further acknowledges and waives, for himself
and his successors in interest, to the greatest extent allowed by law, any rights the artist/owner
may have under California Civil Code sections 986, 987, 988 and 989, or other applicable law.
The artist/owner further acknowledges and understands that upon completion and installation
of the artwork; and upon its acceptance by the City Council, the work shall become the
property of the City. The City retains the right to remove or relocate the artwork in its sole
discretion as the interest of the public welfare, health and safety may require.
If the artwork is damaged, defaced, altered or destroyed by human acts or by acts of nature,
the City retains the right to remove, restore, repair or replace the artwork at any time in
keeping with the artist's original design intent, without consulting the artist, or his or her heirs or
assigns. The City will make reasonable efforts to contact the artist, or if unavailable, another
design professional, to advise or assist in any restoration work.
I have rea erstand and accept the terms of this Application and represent that I am the
6 of the artwork which is the subject of this Application.
(
owner and a ist)
Date:
1 ave ad, understand and accept the terms of this Application and represent that I am the
=`r��o��.. of the artwork which is the subject of this Application.
'(owner, artist, or owner and artist)
Date:
66 a 99
PUBLIC ART APPLICATION (No Fee)
PRIVATELY FUNDED ART ON CITY -OWNED PROPERTY
CITY OF SAN LUIS OBISPO, 990 Palm Street, San Luis Obispo, CA 93401 (805) 781 -7151
The Donor /owner must complete and sign this application form. If the Donor /owner is not
the artist who created the artwork, the artist must also sign this ApprcaQQtion below.
ARTIST /DONOR:.(Name, address, phone #)
$v5 "L,k:
TITLE OF WORK:
DESCRIPTION OF WORK* (The form must be accompanied by drawings, models, photographs or
any other graphic depiction which will help more clearly define the artwork.)
MATERIALS /SIZE:
PROPOSED LOCATION: (For inside or outside installation)
AN APPRAISAL OR OTHER EVIDENCE OF THE VALUE OF THE PROPOSED PUBLIC
ARTWORK:
O
RESOLUTION NO. 8965 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING A CITY DONATION ACCEPTANCE POLICY
WHEREAS, individuals, community groups, and businesses may wish to make
donations to the City in either cash or in -kind contributions that enhance projects, facilities, and
programs; and
WHEREAS, the need for projects, facilities, and programs exceeds the City's ability to
fund all such needed projects; and
WHEREAS, it is an acceptable and appropriate practice to accept donations, in order to
enhance City programs and/or facilities to provide a higher level of service to the public.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby adopts the following policy concerning the acceptance of donations:
I. The donation must have a purpose consistent with City goals and objectives
2. The City may decline any donation without comment or cause.
3. The donation will not be in conflict with any provision of the law.
4. The donation will be aesthetically acceptable to the City.
5. The donation will not add to the City's workload unless it provides a net benefit to the
City.
6. The donation will not bring hidden costs such as starting a program the City would be
unwilling to fund when the donation was exhausted.
7. The donation places no restriction on the City, unless agreed to by the City Council.
8. The donation shall become property of the City.
9. All donations will receive recognition appropriate to the level and nature of the donation
as determined by the City. For those of a capital nature, that may be in the form of
signage, marking, or naming. Any naming of Parks and Recreation facilities shall be
consistent with City policy on the naming of such facilities as set forth in Resolution
8621 (1997 Series). Regardless of the recognition strategy selected, the intent shall be to
appropriately honor the donor for their contribution to the community. The appearance of
traditional commercial advertising shall be avoided.
10. Donations exceeding $5,000 shall be accepted through a written agreement consistent
with these guidelines and approved by the City Council. In -kind capital donations will be
subject to normal City review, permitting, inspection, and insurance requirements.
Upon motion of Council Member Marx seconded by Council Member Ewan, and on the
R 8965
Resolution No. 8965 (1999 Series)
Page 2
following roll call vote:
AYES: Council Members Ewan,
Settle
NOES: None
ABSENT: None
� YI�
Marx, Schwartz, Vice Mayor Romero and Mayor
The foregoing resolution was adopted this 7th day of September, 1999.
Mayor Allen.Settle
APPROVED AS TO FORM:
�G/ Z C iZ L �
n
C
RESOLUTION NO. 9616 (2004 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2447
WHEREAS, the City Council made certain findings concerning tentative Tract 2447, as
prescribed in Resolution No. 9297 (2002 Series), and
WHEREAS, the City Council made additional findings concerning a one -year time
extension to file a final map, as prescribed in Resolution No. 9552 (2004 Series), and
WHEREAS, the subdivider has submitted irrevocable letters of credit in the total
amounts of $25,000 (Faithful Performance) and $12,500 (Labor & Materials) to guarantee
installation of the required subdivision improvements shown on the approved plans, and all fees
have been received, as prescribed in the attached subdivision agreement, marked "Exhibit A ", and
WHEREAS, the Community Development Director has approved the Covenants,
Conditions and Restrictions (CC& R's) including maintenance requirements of the private utilities
and common areas, and
WHEREAS, all other conditions required per said Resolution No. 9297 (2002 Series) have
been met or guaranteed.
NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 2340 is found
to be in substantial compliance with the vesting tentative map and final map approval is hereby
granted.
The Mayor is hereby authorized to execute the attached Subdivision Agreement, for the
benefit of the subdivision.
On motion of Council Member Settle, seconded by Council Member Mulholland, and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
Resolution No. 9616 (2004 series)
Page 2
The foregoing Resolution was passed and adopted this 19`h day of October 2004.
Mayor David F. Romero
UNW19
. vailLz..0 44uw9,r
Audrey Ho er
City Clerl�
APPROVED AS TO FORM:
JonkhauTl . Lowell
City Attorney
EXH Brr A O
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is dated this . day of 2004 by and
between THE COURTYARDS ON WALNUT, LLC, herein referred to as "Subdivider," and
the CITY OF SAN LUIS OBISPO, herein referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a
description of Which is shown on the Final Map of Tract 2447, City of San Luis Obispo,
California, as approved by the City Council on the day of
2004.
The Subdivider desires that said Tract No. 244.7 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17
of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to install the
improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct
and install the following subdivision improvements in accordance with said subdivision
regulations, and in accordance With approved plans and specifications on file in the office
of the City Engineer, City of San Luis Obispo, to wit:
1. CURB, GUTTERS-AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
4. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each public utility shall be
required to .file a letter stating that the developer has properly installed all facilities to
be provided by him, and that the said utility is prepared to provide service to
residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by said City Engineer.
The lines and grades for all of said improvements shall be established by the
Subdivider in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall
begin within thirty (30) days from the date of recording of the final map, and that the work
shall be completed within eighteen (18) months of said recording date, unless an
extension has been granted by the City, provided that if completion of said work is delayed
by acts of God or labor disputes resulting in strike action, the Subdivider shall have an
additional period of time equivalent to such period of delay in which to complete such
work.. Any extension of time hereunder shall not. operate to release the surety on the
Improvement Security filed pursuant to this agreement. In this connection, the surety
waives the provisions of Section 2819 of the Civil Code of the State of California.
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all public improvements unless
specifically approved by the City.
The Subdivider does also agree to comply with the conditions established by the
Planning Commission and/or the City Council and has paid the necessary fees as
indicated on the attached Exhibits 1 and 2.
The restoration of lost section comers and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the
State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
performance of this agreement, an instrument of credit or bond approved by and in favor
of the City of San Luis Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the amount of twenty five thousand
dollars ($25,000) which is the amount of the estimated cost of said improvements
remaining to be constructed. Subdivider agrees to remedy any defects in the
improvements arising from faulty workmanship or materials or defective construction of
said improvements occurring within twelve (12) months after acceptance thereof. In
accordance with Sections 66499.7 and 66499.9 of the Government Code of the State of
California, upon final completion and acceptance of the work, City will release all but 10%
of the improvement security, that amount being deemed sufficient to guarantee faithful
performance by the Subdivider of his obligation to remedy any defects in the
improvements arising within a period of one year following the completion and acceptance
thereof.
Completion of the work shall be deemed to have occurred on the date which the
City Council shall, by resolution duly passed and adopted, accept said improvements
according to said plans and specifications, and any approved modifications thereto.
Neither periodic nor progress inspections or approvals shall bind the City to accept said
improvements or waive any defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed time, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
The Subdivider has deposited with the City a labor and materials surety in the
amount of 50% of the above described subdivision improvements twelve hundred five
hundred dollars ($12,500) in accordance with State law.
Said Subdivider has paid an inspection fee of $10,470 for City to inspect the
installation of said subdivision improvements, and to verify that they have been completed
in accordance with the plans and specifications.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and
specifications on file with said City Engineer as a part of said Subdivision Map, and all
other documents filed with the City by the Subdivider and approved by the City Engineer
are hereby referred to for further particulars in interpreting and defining the obligations of
the Subdivider under this agreement.
It is understood and agreed by and between the Subdivider and the City hereto that
this agreement shall bind the heirs, executors, administrators, successors and assigns of
the respective Parties to this agreement.
It is agreed that the Subdivider will fumish copies of the successful bidder's contract
I
unit prices and total bid prices for all of the improvements herein referred to..
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO SUBDIVIDERS
Courtyards on Walnut, LLC
'L -40
MAYOR David F. Romero
TEST:
Audrey. ri oper, City Clerk
APPROVED AS TO FORM:
Cl ORNEY Jonathan P. Lowell
John Wilson
Title: AAIAA LtAUY-
EXHIBIT 1
TRACT 2447
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the amount of $1,800 to cover the
installation of survey monuments in accordance with the approved map and payment for same.
Said guarantee will be released to the Subdivider upon receipt by the City of a letter from the
Engineer indicating that they have completed the work and have been paid.
2. Transportation, Water, Sewer and Park -in -lieu fees have been paid, as listed in the attached
EXHIBIT 2.
EXHIBIT 2
TRACT 2447 - FEE AND BOND LIST
Amount Form Date Received
Bonds and Guarantees:
Total Faithful Performance
$25,000
>vrMetter of Credit
07/24/04
No. 0391338
Labor & Materials (50% of total cost of
$12,500
/Letter of Credit
07/24/04
improvements
No.0391338
Monument Guarantee
$1,800
_GDILetter of Credit
07/24/04
No. 0391337
Fees:
Map Check Fee
$964
Check
05/23/03
Plan Check Fee
$9,597
Check
05/22/03
Total Inspection Fee
$10,470
Check
07/09/03
Credit for Early Grading Permit fee Public
Improvement Plan Inspection
Park In -Lieu Fee'
(17 -5) * $3,612 =
Check (#01391- $43,180)
09/21/04
$43,344
Check.(#01440 -$164)
Affordable Housing Requirements
N/A
N/A
Requirements met
through dedication of
affordable units.
Water Impact Fee'
$69,360
Wastewater Impact Fee'
$27,833
Check
07/16/03
Transportation Impact Fee'
$14,684.09
1 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units.
S
�j u��ttC Lotyy6_L�v�C.t
n
RESOLUTION NO. 9615 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO CERTIFYING A FINAL PROGRAM EIR FOR THE
MARGARITA AND AIRPORT AREA SPECIFIC PLANS AND
RELATED FACILITIES MASTER PLANS, APPROVING THE
MARGARITA AREA SPECIFIC PLAN, AND APPROVING GENERAL
PLAN LAND USE MAP AMENDMENTS
(APPLICATION NO. ER, SP, GP/R 73 -00)
WHEREAS, the City General Plan (Land Use Policy LU 2.3 and LU 2.3. 1) requires the
preparation of a specific plan for the Margarita Area prior to annexation and further
development, and sets specific requirements for information to be included in the Plan; and
WHEREAS,. the City of San Luis Obispo General Plan contains general goals and
policies relating to early growth and development, which may be implemented in a variety of
ways, including the specific plan procedure as outlined by California State Law (State
Government Code 65450 et.seq.); and
WHEREAS, the City of San Luis Obispo, with the participation of property owners,
citizens, public agencies, and other interested parties, has prepared a draft specific plan for the
Margarita Area pursuant to the General Plan and the State Government Code; and
WHEREAS, on June 9`s, after eight public hearings, the Planning Commission
recommended the City Council certify the EIR, adopt the specific plan, amend the Land Use
Element to reflect the specific plan map, and amend the text and rezone those properties
currently within the City; and
WHEREAS, the City Council held public hearings on September 7`s and 28`s, and
October 12a', 2004 to hear public testimony and to consider the Airport Area and Margarita Area
Specific Plans and Related Facilities Master Plans Final Program EIR, and the Draft Margarita
Area Specific Plan; and
WHEREAS, as a result of its deliberations, the City Council finds and determines that
the project's Final Program Environmental Impact Report adequately addresses the potentially
significant environmental impacts of the proposed project entitlements and reflects the
independent judgment of the City Council; and
WHEREAS, at its September 28`s, 2004 meeting, the City Council endorsed the land use
and circulation chapters of the Margarita Area Specific Plan and also directed staff to prepare
information on the remaining chapters of the specific plan and return on October 12`h with the
necessary resolutions and ordinances to adopt the specific plan; and
R 9615
O
Council Resolution No. 9615 (2004 Series)
Page 2
WHEREAS, the City Council has considered the additional information provided by
staff and completed its review of the Program EIR and the Draft Specific Plan and related
facilities plans; and
WHEREAS, the California Government Code requires that a specific plan be consistent
with the City's General Plan; and
WHEREAS, implementation of the specific plan requires an amendment to the City's
General Plan Land Use Map to reflect the land use categories contained in the plan to maintain
consistency between to the two documents.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo, the following:
SECTION 1. EIR Certified. Council hereby certifies the Final Program Environmental
Impact Report for the Airport Area and Margarita Area Specific Plans and Related Facilities
Master Plans (September 2003), subject to the Findings of Fact and the Statement of Overriding
Considerations listed in Exhibit "A ", and subject to the incorporation of the mitigation measures
listed in the Mitigation Monitoring Plan, Exhibit `B" into the project, and based on the following
findings:
1. The Final Program EIR was prepared in compliance with the California Environmental
Quality Act (CEQA) and was considered by the City prior to any approvals of the project.
2. The Final EIR reflects the independent judgment of the City.
3. The Mitigation Monitoring Program has been reviewed and approved by the Planning
Commission and the City Council in conjunction with the recommendation for
certification of the Final Program EIR.
4. For each significant effect identified in the Final Program EIR under the categories of
Land Use and Aesthetics, Hydrology and Water Quality, Traffic and Circulation, Air
Quality, Noise, Hazardous Materials, Public Services, Cultural Resources and
Cumulative Impacts, the approved mitigation measures contained in the EIR will avoid or
substantially lessen the identified adverse environmental impacts of the project to a level
of insignificance and have been incorporated into the project.
5. There are three impacts identified in the EIR that, even after mitigation, are considered
significant and unavoidable: Impact LU -5: Conversion of Prime Agricultural Land to
Urban Uses, Impact LU -6: Change in Views and, Growth Inducement: the project would
have a significant and unavoidable growth- inducing impact. The significant effects
identified in the Land Use /Aesthetics section of the EIR will not be fully mitigated to a
degree of insignificance with the incorporation of all of the identified mitigation measures
included in the Final Program EIR. Consequently, Council has adopted findings for the
statement of overriding considerations, included as Exhibit "A."
Council Resolution No. 9615 (2004 Series)
Page 3
SECTION 2. Specific Plan Approved. Pursuant to Sections 65450 through 65457 of
the California Government Code and the City's General Plan, the Margarita Area Specific Plan
(Attached as Exhibit "C" and incorporated herein by reference) is hereby approved, subject to the
following findings:
1. The specific plan is consistent with General Plan because it will direct all facets of future
development of the Margarita Area, including the distribution of land uses, the location
and sizing of infrastructure, site planning, architectural guidelines, phasing, and the
method of financing public improvements. The Specific Plan will provide for the type of
growth and development envisioned by the General Plan for the Margarita Area and
neighboring properties.
2. All subjects required in a specific plan by the California Government Code and applicable
City ordinances are appropriately and adequately covered.
3. The types and intensity of land uses are designed to be consistent with the San Luis
Obispo County Airport Land Use Plan to ensure compatibility with airport operations.
SECTION 3. General Plan Land Use and Circulation Maps Amended. The City
General Plan Land Use Element and Circulation Element Maps are hereby amended to reflect the
adopted boundaries, streets and land uses in the adopted specific plan, as shown in "Exhibit W'
Upon motion of Council Member Ewan, seconded by Council Member Settle,
and on the following roll call vote:
AYES: Council Members Ewan and Settle, Vice Mayor Schwartz and
Mayor Romero
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was adopted this 12th day of October 2004.
Mayor David F. Romero
ATTEST:
Audrey H<
City Clerk
0 0
Council Resolution No. 9615 (2004 Series)
Page 4
APPROVED AS TO FORM:
Jo th . Lowell
City Attorney
Exhibit "A" to Resolution 9615 (2004 Series)
Before the City Council
of the City of San Luis Obispo
Findings of Fact and
Statement of Overriding Considerations
for the
Airport Area and Margarita Area Specific Plans
and Related Master Facilities Plans
City of San Luis Obispo, California
October 2004
n
0 EXHIBIT "A"
Findings of Fact and
Statement of Overriding Considerations
for the
Airport Area and Margarita Area Specific Plans and Related
Master Facilities Plans
City of San Luis Obispo, California
Prepared by:
City of San Luis Obispo
Lead Agency under the
California Environmental Quality Act
Prepared pursuant to:
Section 21081 et seq. of the
California Public Resources Code and
Sections 15091 and 15093 of the
State CEQA Guidelines
October 2004
EXHIBIT "A"
SECTION 1. INTRODUCTION
The City of San Luis Obispo (City) has decided to approve the Airport Area and
Margarita Area Specific Plans and Related Master Facilities Plans (project). The City is the lead
agency under the California Environmental Quality Act (CEQA) and has certified a program
environmental impact report (EIR) for the project.
Section 15091 of the State CEQA Guidelines (14 California Code of Regulations [CCR])
and Section 21081 of the Public Resources Code require a lead agency to adopt findings for each
significant environmental impact disclosed in an EIR. Specifically, for each significant impact,
the lead agency must find that:
■ changes or alterations have been incorporated into the project to avoid or substantially
lessen the significant environmental effects identified in the EIR;
■ such changes or alterations are within the responsibility and jurisdiction of another
public agency and should be adopted by that agency; or
■ specific economic, social, legal, technological, or other considerations make the
mitigation measures or alternatives identified in the EIR infeasible.
In addition to making a finding for each significant impact, -if the lead agency approves a
project without mitigating all of the significant impacts, it must prepare a statement of overriding
considerations, in which it balances the benefits of the project against the unavoidable
environmental risks. The statement of overriding considerations must explain the social,
economic, or other reasons for approving the project despite its environmental impacts (14 CCR
15093, Pub. Res. Code 21081).
This document contains the findings and statement of overriding considerations for the
approval of the Airport Area and Margarita Area Specific Plans and Related Master Facilities
Plans and reflects the City's independent judgment. This document incorporates by reference the
program EIR. The EIR, specific plans, related master facilities plans, and other portions of the
administrative record are available for review at:
City of San Luis Obispo Community Development Department
990 Palm Street
San Luis Obispo, CA 93401
Contact: Mike Draze
805/781 -7274
Findings of Fact and Statement of Overriding Considerations City of San Lais Obispo
for the Airport Area and Margarita Area Specific Plaits and 1 October 2004
Related Facilities Master Plans
n
EXHIBIT "A"
SECTION 2. PROJECT DESCRIPTION
Project Objectives
As required by the City General Plan, each of the specific plans is intended to contain
policies and standards that will facilitate appropriate development of land, protection of open
space, and provision of adequate public facilities. The specific plans are more detailed than the
general plan but less precise than subdivision maps or construction plans. The overall objective
of the project is to adopt specific plans for the Airport and Margarita areas, pursuant to the City
General Plan.
Airport Area Specific Plan Objectives
Airport Area Specific Plan objectives include:
# identifying the infrastructure needed to provide city services to the area;
# facilitating the City's eventual annexation of the Airport area;
# ensuring that planned land uses are compatible with airport operations and consistent
with San Luis Obispo County's Airport Land Use Plan (ALUP);
# accommodating businesses identified in the City's Targeted Industry Cluster Study
that provide household- supporting incomes for San Luis Obispo residents; and
# establishing goals and policies for open space protection, conservation, and
restoration.
Margarita Area Specific Plan Objectives
Margarita Area Specific Plan objectives include:
# accommodating a wide range of housing types, with an emphasis on housing
affordable to those working in San Luis Obispo;
# protecting substantial natural habitats, including creeks, hills, wetlands, and corridors
between these habitats;
Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo
for the Airport Area and Margarita Area Specific Plans and 2 October 2004
Related Facilities Master Plans
O
F . 911, M
# providing convenient access for residents to employment, basic shopping, recreation,
and education through both the location of land uses and the design of circulation
features;
# accommodating research and light manufacturing jobs that can support local
households in forms compatible with airport safety and neighboring residences;
# ensuring that planned land uses are compatible with airport operations; and
# ensuring consistency with San Luis Obispo County's Airport Land Use Plan.
Proposed Project
The proposed project includes implementation of the goals and policies contained in the
Airport Area Specific Plan, Margarita Area. Specific Plan, Water System Master Plan,
Wastewater Master Plan Update, and Storm Drain Master Plan.
Specific Plans
The specific plans include the following designations:
# designation of the Airport area for 3.1 hectares (7.6 acres) of Residential, 134.3
hectares (331.8 acres) of Services and Manufacturing, 44.6 hectares (1.10.1 acres) of
Business Park, 124.7 hectares (308.03 acres) of Open Space, and 97.6 hectares (241.1
acres) of Government Facility, for a total Airport area of 404.1 hectares (998.6
acres);
# designation of the Margarita area for 75.4 hectares (186.2 acres) of Open Space, 10.5
hectares (25.9 acres) of Parks, 28.6 hectares (70.7 acres) of Residential, 1.3 hectare
(3.1 acre) of Neighborhood Commercial, 0.4 hectare (.9 acre) of Special Use, 28.0
hectares (68.8 acres) of Business Park, and 19 hectares (47 acres) of Streets, for a
total Margarita area of 168.7 hectares (416.1 acres);
# extension of Padro Road to Broad Street;
# extension of new commercial collector connecting Tank Farm Road and Prado
Road;
# extension of Santa Fe Road from south of Tank Farm Road to Prado Road;
# extension of Buckley Road to South Higuera Street; and
Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo
for the Airport Area and Margarita Area Speck Plans and October 2004
Related Facilities Master Plans 3
EXHIBIT "A"
# widening of various existing roadways, including Prado Road, and Tank Farm Road.
Water System Master Plan
The Water System Master Plan describes improvements to the water treatment and
distribution systems to meet citywide general plan development needs, including needs of the
Airport area. The following is a brief summary of substantial treatment plant and facilities
improvements identified in the Water System Master Plan.
Recommended Treatment Plant Improvements. The recommended treatment plant
improvements are as follows:
# Phase I: Perform a seismic evaluation of the existing treated water storage and
clearwell facilities.
# Phase II: Add facilities to improve filtration rates, treatment processes, and
emergency operations.
# Phase III: Monitor water levels at the forebay, improve efficiency of pump motors,
evaluate means to protect the water treatment plant from railroad accidents, and
improve emergency standby power capacity.
Recommended Distribution Improvements. The recommended distribution
improvements are:
# a grid of 12 -inch diameter mains: three traversing east to west and three north -south
mains connecting the existing 16- and 20 -inch mains to the north (the mains will be
located in the major roads);
# adding a 757,000 -liter (200,000 - gallon) water tank in the Edna Saddle zone in the
southwestern part of the city; and
# adding a 4,542,000 -liter (1,200,000 - gallon) water tank in the Bishop zone to serve
the Bishop zone.
Wastewater Master Plan Update
The City's Wastewater Master Plan Update addresses the city in its entirety, including the
annexation areas. The plan identifies improvements to collection and treatment facilities that
will be needed to provide wastewater service to future annexation areas and provides
recommendations concerning citywide wastewater system facilities. The Wastewater Master
Plan Update identifies the following substantial reclamation facility and system improvements:
Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo
for the Airport Area and Margarita Area Specifu Plans and 4 October 2004
Related Facilities Master Plans
M. •111 -0
# replacing the Howard Johnson and Tank Farm pump stations;
# installing approximately 3,790 meters (12,400 feet) of new trunk sewer mains in the
Airport area;
# installing 4,000 feet (1,219.2 meters) of 16 -inch discharge pipe (required at the new
tank farm facility);
# installing approximately 9,400 meters (30,700 feet) of new trunk sewer mains in the
Margarita area; and
# upgrading existing pump stations in the project area.
Storm Drain Master Plan
The Storm Drain Master Plan addresses the East Branch San Luis Obispo Creek
watershed. This watershed includes the Airport and Margarita areas as well as areas to the east.
The features of the plan would, downstream of the Airport area, limit storm drainage flows at
build -out to the level estimated for existing conditions, provide 100 -year flood protection,
provide for environmental enhancement of stream corridors, and provide individual onsite or
sub - regional detention basins that will serve the area, rather than a single regional detention
basin. Previous project improvement recommendations included parallel, minor creek
modifications as needed and permitted by the governing entity to enhance flood conveyance
capacity. However, the City has determined that the existing creeks have capacity to sufficiently
convey floodwaters. The Storm Drain Master Plan identifies the following recommended
improvements:
# replacing bridges across Acacia Creek at Tank Farm Road and the East Branch of
San Luis Obispo Creek at Santa Fe Road and
# replacing and improving Tank Farm Creek culvert facilities at Tank Farm Road with
a standard Caltrans two -span concrete slab bridge.
Findings of Pact and Statement of Overriding Considerations City
for the Airport Area and Margarita Area SpecUic Plans and 5
Related Facilities Master Plan
n Lais Obispo
October 2004
EXHIBIT "A„
SECTION 3. ENVIRONMENTAL IMPACT REPORT
The program EIR was prepared in compliance with CEQA and State CEQA Guidelines.
As such, the EIR contains analysis, at a program level, of the basic issues that will be used in
conjunction with subsequent tiered environmental documents for specific projects related to the
Airport Area Specific Plan, the Margarita Area Specific Plan, and the related facilities master
plans. Once the Airport Area Specific Plan, Margarita Area Specific Plan, and the related
facilities master plans are adopted by the City, the basic policy issues will not need to be
revisited by subsequent (second -tier) documents.
The initial study and Notice of Preparation of the Draft EIR were circulated to
appropriate public agencies, organizations, and interested groups and individuals for a 30 -day
comment period that ran from May 16, 2000, to June 16, 2000. The draft EIR was released for
an 80 -day public and agency review period from February 15 through May 8, 2002. A public
hearing on the draft EIR was held on May 8, 2002, at the joint Planning Commission/City
Council hearing rooms in the City. A final EIR, which provided responses to the written and
verbal comments received during the review of the draft EIR and included revisions to the draft
EIR, was prepared and made available to the public and agencies on September 19, 2003. Since
September 19, 2003, additional comments were provided in writing and through public
testimony; responses to these additional comments since publication of the final EIR were
prepared and made part of the administrative record.
SECTION 4. FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS AND
MITIGATION MEASURES OF THE PROPOSED PROJECT
Introduction
This section presents the project's significant environmental impacts and feasible mitigation
measures. Section 15091 of the State CEQA Guidelines (14 California Code of Regulations
[CCR]) and Section 21081 of the Public Resources Code require a lead agency to make findings
for each significant environmental impact disclosed in an EIR. Specifically, for each significant
impact, the lead agency must find that:
■ replacing changes or alterations have been incorporated into the project to avoid or
substantially lessen the significant environmental effects identified in the EIR;
■ such changes or alterations are within the responsibility and jurisdiction of another
public agency and should be adopted by that agency; or
■ specific economic, social, legal, technological, or other considerations make the
mitigation measures or alternatives identified in the EIR infeasible.
Each of these findings must be supported by substantial evidence in the administrative record.
This section identifies the following environmental impacts associated with implementation of
the proposed project, as identified in the program EIR:
Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo
for the Airport Area and Margarita Area Specific Plans and 6 October 2004
Related Facilities Master Plans
C�
EXHIBIT "A"
• impacts that can be fully avoided or reduced to a less - than- significant level through
the incorporation of feasible mitigation measures into the project; and
■ impacts that can be reduced, but not to a less- than- significant level, through the
incorporation of feasible mitigation measures into the project, and which therefore,
remain significant and unavoidable.
The impacts identified in this section are considered in the same sequence in which they appear
in the draft EIR. Where adoption of feasible mitigation measures is not effective in avoiding an
impact or reducing it to a less -than- significant level, the feasibility of adopting alternatives to the
proposed project is considered in Section 5 of this document.
Land Use and Aesthetics
Impact LU -2: Consistency of Proposed Specific Plans with County General Plan Policy
As discussed under Policy Consistency, the proposed project, which has been developed
in conformance with the City General Plan, is in conflict with county policy regarding the land
use designation in the Avila Ranch area immediately south of the planning area.
City growth management policies establish the URL as the final edge for urban
development@ (Policy 1.1) as a means of protecting agricultural and scenic rural lands. The
County =s designation of the Avila Ranch, which is outside of the URL, for Industrial uses is not
consistent with this concept. While this inconsistency already exists between the City and
County General Plans, and is not a direct result of the proposed project, the proposed project =s
failure to address the inconsistency represents a significant impact because it allows a condition
that is not in conformance with its policies to protect agriculture and open space lands to persist.
The proposal is consistent with the City's policies regarding land uses within the URL.
The land outside the URL is under County land use jurisdiction and is subject to County plans
and ordinances. The inconsistency between the City's URL policies, which call for areas outside
the URL to remain open, and County general plan designations, which provide for commercial
and light industrial development in some areas adjoining the URL, is a pre - existing, baseline
condition.
In summary, the proposed project requires mitigation to address inconsistencies with
county plans and policies concerning the Airport area, which represent a significant impact. No
mitigation is required for the Margarita area. Changes to County general plan designations are
the responsibility of the County and are outside the City's authority. Mitigation calls for the
County to reassess its approach to the areas adjoining the proposed specific plan. Reconciliation
of these existing policy differences may not be possible. Nonetheless, the effort to reach
reconciliation would mitigate the impact to a less - than- significant level.
Mitigation
Findings of Fact and Statement of Overriding Considerations City of San Laic Obispo
for the Airport Area and Margarita Area Specific Plans and October 2004
Related Facilities Master Plans
EXHIBIT "A"
Implementation of the following mitigation measure would reduce the Airport area
impact to a less - than - significant level.
Mitigation Measure LU -2.1: Resolve Discrepancy regarding Disposition of Lands
Immediately South of Project Area
The County shall work with the City to resolve the discrepancy regarding the disposition
of lands immediately south of the project area. The County must consider whether: (1)
the current land use designation for the Avila Ranch property is desired; (2) because the
property has an urban designation, it should ultimately be annexed to the City; or, (3) the
property should be included in the Airport area project and be subject to specific plan
development standards and guidelines. These questions should be answered within two
years of adoption of the Airport Area Specific Plan.
Finding: Mitigation is the Responsibility of Other Agency. The City finds that the mitigation
measure is the responsibility of other agencies and that the County of San Luis Obispo can and
should implement this mitigation measure.
Impact LU -5: Conversion of Prime Agricultural Land to Urban Uses
The 1993 Land Use Element and Circulation Element Update EIR addressed the fact that
annexation and development of the area in accordance with the City General Plan designations
would result in the loss of agricultural resources. That loss was identified as a significant and
irreversible adverse impact that could not be mitigated. Policies were incorporated into the Land
Use Element to help compensate for productivity lost as a result of the conversion of agricultural
lands within the urban reserve. Specifically, city policy requires direct dedication of open space
areas, or payment of an in -lieu fee, for annexed land.
The primary target of this exaction is to protect open space and agricultural lands outside,
but especially those contiguous to, the City's URL. The concept is to create a permanent open
space buffer /greenbelt around the city that prevents continued expansion of the urban area onto
valuable agricultural and open space resources. For certain locations, the general plan calls for
the open space protection area to be equal in size to the developed area or to be four times the
size of the developed area. The ratio for the Margarita area follows from the land use
designations (approximately 40% open space, excluding parks). The general plan does not set a
specific ratio for the Airport area. The in -lieu fee that has been set for the so -called interim
annexations probably can achieve a ratio of 1:1 on average.
Based on a review of mapping of the State's Department of Conservation farmland
categories, the majority of the proposed project area (347.2 hectares [858 acres], or 61 %)
consists of lands with little or no agricultural value (i.e., designated by the state for
Urban/Built -up or Other). Table 3A -2 shows the acreage breakdown for the project area by
category. The project area has relatively limited amounts of Prime Farmland (26.3 hectares [65
Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo
for the Airport Area and Margarita Area Specific Plans and 8 October 2004
Related Facilities Master Plans
EXHIBIT "A"
acres], or 5 %) and Farmland of Local Importance (16.1 hectares [40 acres], or 3 %), and no lands
designated for Farmlands of Statewide Importance or Unique Farmland. Farmland of Local
Potential and Grazing Land, two categories with lower agricultural value, compose a larger
percentage of the area (21% and I I %, respectively). Although past development and current use
result in relatively low farmland classifications under the California Department of Conservation
categories, the underlying soils types have the characteristics of prime soil, according to the U.S.
Natural Resources Conservation Service, for most of the gently sloping part of the Margarita
area and for nearly all the Airport area, excluding the Unocal property affected by the 1926
explosion.
The specific plan shows urban use for approximately 12.1 hectares (30 acres) of prime
farmland that is being cultivated north of Tank Farm Road. There are also cultivated lands just
west of the middle of the Margarita area. The proposed project is consistent with the City
General Plan, so, as anticipated in the 1993 EIR, annexation and development of the area will
adversely affect agricultural resources. Altogether, the proposed project will result in the loss of
approximately 14.1 hectares (35 acres) of Prime Farmland (in the northwest corner of the Airport
area), and 109.2 hectares (270 acres) of Farmland of Local Potential (primarily in the Margarita
area and along Broad Street). No land that has been in active cultivation in recent years will
experience impacts. Agricultural lands that will be lost to development have been used primarily
for grazing. The Airport Area Specific Plan's designation for Open Space in the central portion
of the Airport area will protect areas of Prime Farmland and Farmlands of Local Importance that
are actively cultivated. No areas under Williamson Act contracts are affected by the proposed
project.
In addition to the loss of farmlands within the proposed project area, the construction of
the detention basin south of Buckley Road will result in the agricultural productivity being
removed from 9.7 hectares (24 acres) of Prime Farmland. Although the detention basin will
remain as planted open space, it will not be available for active cultivation as long as it is needed
for flood control purposes.
While the loss of prime agricultural land is limited, the conversion of any lands
containing prime agricultural soils associated with the proposed project is considered a
significant and unavoidable impact.
Findings of Fact and Statement of Overriding Considerations City of San Lds Obispo
for the Airport Area and Margarita Area Specific Plans and 9 October 2004
Related Facilities Master Plans
Mitigation
0 EXHIBIT "A„
While the loss of prime agricultural soils to urban uses is irreversible and cannot be
mitigated, the following mitigation is recommended to help compensate for the loss of
agricultural productivity. The intent of the mitigation is to enhance the opportunities for
continued agriculture in the unincorporated areas outside the City's URL.
Mitigation Measure LU -5.1: Dedicate Open Space Land or Pay In -Lieu Fees to
Secure Open Space Easements on Agricultural Land outside the URL at Ratio of No
Less than 1:1
As a condition of annexation and development within the Airport and Margarita areas,
developers shall be required to dedicate open space land or pay in -lieu fees to secure
open space easements on agricultural land outside the URL at a ratio of no less than 1:1.
Finding: Mitigation Has Been Incorporated into the Project. The City finds that the
mitigation measure is feasible and has been adopted. However, the impact would not be reduced
to a less - than- significant level A statement of overriding consideration for this impact is made in
Section 6.
Impact LU -6: Change in Views
The proposed project will result in the change of character of the plan areas from a
generally semi -rural setting to an urban developed setting. The issue of aesthetic impacts was
reviewed during the adoption of the General Plan. The conclusion was reached within Section
9.0 of the General Plan EIR that urbanization would irreversibly change the visual character of
the south end of the city from that of a low- density semi -rural area to a more intensely
developed, suburban area. While substantial design standards are contained in the Airport Area
Specific Plan, Margarita Area Specific Plan, and the City General Plan (including the
preservation of open space, hills, and development design standards), these do not change this
fundamental conclusion of the General Plan EIR. No feasible mitigation exists to eliminate the
impact associated with the conversion of a semi -rural landscape to an urban landscape. The
impact is considered significant and unavoidable.
Mitigation
No mitigation measures are feasible.
Finding: No Feasible Mitigation is Available. The City finds that no feasible mitigation is
available and that this impact is significant and unavoidable. A statement of overriding
consideration for this impact is made in Section 6.
Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo
for the Airport Area and Margarita Area Specific Plans and 1 O October 2004
Related Facilities Master Plans
Impact LU -7: Potential Increase in Daytime/Nighttime Light and Glare
ExHiBTT "A„
The development of the Airport and Margarita areas for urban uses will result in an
increase in daytime /nighttime light and glare within the area.. These increases will be the result
of new lighting at commercial, business park, and residential uses, as well as at new park
facilities. Development of these sites would increase the amount of light and glare associated
with development of urban uses, such as additional parking lots, building lights, and streetlights.
While the types of lighting and their specific locations are not specified at this point,
development proposed under this alternative would increase the amount of light into adjacent
areas, including airport lands. The potential increase in light and glare is considered to be a
significant impact.
Mitigation
Implementation of the following mitigation measure would reduce the impact to a less -
than- significant level.
Mitigation Measure LU -7.1: Incorporate Lighting Design Standards into Margarita
and Airport Area Specific Plans
The City shall incorporate lighting design standards into the Margarita and Airport Area
Specific Plans. The standards shall contain specific measures to limit the amount of light
trespass associated with development within the project area. Specific measures shall
include the use of shielding and/or directional lighting methods to ensure that spillover
light does not exceed 0.5 -foot candles at adjacent property lines.
Finding: Mitigation Has Been Incorporated into the Project. The City finds that the
mitigation measure is feasible and has been adopted.
Hydrology and Water Quality
The program EIR previously reported in error that a significant unavoidable impact would result
from constructing a dam within a watercourse in Perfumo Canyon. However, the water reservoir
to be constructed would be a tank for storage purposes only in an upland area, not an
impoundment of water along a natural streamway. Therefore, no significant impacts on
Hydrology and Water Quality are associated with the proposed project.
Biological Resources
Impact BI0-1: Loss or Temporary Disturbance of Annual Grassland
The Margarita area contains 93.03 hectares (229.89 acres) of annual grassland.
Implementation of this portion of the project would result in the loss or temporary disturbance of
annual grassland. Annual grassland is common locally and regionally; therefore, the loss of
Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo
for the Airport Area and Margarita Area Specific Plans and I 1 October 2004
Related Facilities Master Plans
C�
EXHIBIT "A„
annual grassland is typically considered less than significant. However, large portions of the
project area, including areas identified for facilities master plan improvements, have not been
surveyed, and sensitive resources like seasonal wetlands and drainages, patches of valley
needlegrass grassland, and populations of special- status species may be found interspersed in the
annual grassland. Therefore, this impact is considered significant.
Mitigation
Implementation of the following mitigation measures would reduce this impact to a less -
than- significant level.
Mitigation Measure BIO -1.1. Conduct Surveys for Wetland Resources, Sensitive
Natural Communities, and Special - Status Species. Applications for subdivisions and
development in grassland areas must include the result of the following surveys and
studies:
# surveys and mapping of special- status plants identified in Table 3C-4 of the program
EIR during the appropriate identification periods;
# surveys and mapping of special- status wildlife identified in Table 3C -5 of the
program EIR during the appropriate seasons;
# mapping and quantification of valley needlegrass grassland inclusions;
# delineation and quantification of waters of the United States, including wetlands,
using the Corps' 1987 wetland delineation manual (Environmental Laboratory 1987);
# identification of special - status species and species of local concern as identified in
the (forthcoming) Conservation Element; and
# mapping and quantification of habitat loss.
For areas of annual grassland that are determined to contain no special- status species,
inclusions of valley needlegrass grassland, or seasonal wetland, no further mitigation is
required. If sensitive resources are identified, please refer to the mitigation measures
below to avoid, minimize, or compensate for significant impacts on these resources. This
is not intended to limit other measures that the City may take regarding non - listed
species.
Finding: Mitigation Has Been Incorporated into the Project. The City finds that the
mitigation measure is feasible and has been adopted.
Impact BIO -2: Loss or Temporary Disturbance of Valley Needlegrass Grassland
Findings of Fact and Statement of Overriding Considerations City of San Lais Obispo
for the Airport Area and Margarita Area Specific Plans and 12 October 2004
Related Facilities Master Plans
0 EXHIBIT "A„
Valley needlegrass grassland is found within annual grassland and ruderal areas of the
Airport and Margarita areas. Patches of valley needlegrass grassland have been identified on the
Unocal property of the Airport area. There may be additional patches within the annual
grassland matrix of unsurveyed portions of the Airport and Margarita planning areas and
facilities master plan service areas. Valley needlegrass grassland has suffered extensive losses
statewide and is considered a sensitive natural community by DFG. The elimination or
substantial degradation of this community is considered a significant impact.
Mitigation
Implementation of the following mitigation measures would reduce this impact to a less -
than- significant level.
Mitigation Measure BI0-1.1. Conduct Surveys for Wetland Resources, Sensitive
Natural Communities, and Special - Status Species. This mitigation measure is
described above.
Mitigation Measure BI0-2.1. Avoid and Minimize Impacts on Valley Needlegrass
Grassland. After areas of valley needlegrass grassland are mapped and quantified
(Mitigation Measure BI0-1.1), the following steps should be implemented in order of
preference:
# Avoid stands of valley needlegrass grassland whenever possible; this may be
achieved by setting aside areas that contain significant stands of valley needlegrass
grassland as ecological buffers or nature preserves.
# Minimize impacts on valley needlegrass grassland in areas that cannot be avoided
completely; this may be achieved by placing orange construction barrier fencing or
stakes and flags around the perimeter of needlegrass grassland stands and by
restricting the operation of heavy equipment and other construction- related activities
to the outside of these exclusion zones.
# Compensate for unavoidable losses of valley needlegrass grassland with replacement
plantings at an alternative mitigation site. The project proponent should develop a
mitigation and monitoring plan in coordination with DFG that specifies replacement
ratios, success criteria, monitoring and reporting needs, and remediation measures.
Replacement plantings should be placed adjacent to existing preserved stands to
encourage natural regeneration, ensure future preservation, and create enhanced
habitat values.
Finding: Mitigation Has Been Incorporated into the Project. The City finds that the
mitigation measure is feasible and has been adopted.
Findings of Fact and Statemem of Overriding Considerations City of San Lacs Obispo
for the Airport Area and Margarita Area Specific Plans and 13 October 2004
Related Facilities Master Plats
O EXHIBIT "A"
Impact BIO -5: Loss or Temporary Disturbance of Open -Water Habitat
The Airport area contains approximately 0.28 hectare (0.69 acre) of open -water habitat.
There is open -water habitat on the Unocal property in the Airport area and in limited areas in the
Margarita area and facilities master plan areas. Open -water habitat may qualify as other waters
of the United States subject to Corps jurisdiction under Section 404 of the Clean Water Act. The
potential loss of open -water habitat is considered significant.
Mitigation
Implementation of the following mitigation measures would reduce this impact to a less -
than- significant level.
Mitigation Measure BIO -1.1. Conduct Surveys for Wetland Resources, Sensitive
Natural Communities, and Special - Status Species. This mitigation measure is
described above.
Mitigation Measure BIO -6.1. Avoid and Minimize Impacts on Wetland Habitat.
This mitigation measure is described below.
Finding: Mitigation Has Been Incorporated into the Project. The City finds that the
mitigation measure is feasible and has been adopted.
Impact BIO -6: Loss or Temporary Disturbance of Freshwater Marsh
The Airport area contains approximately 6.78 hectares (16.76 acres) and the Margarita
area contains approximately 0.64 hectares (1.59 acres) of freshwater marsh. Freshwater marsh is
considered a sensitive natural community by DFG and is also considered a wetland subject to
Corps jurisdiction under Section 404 of the Clean Water Act. Extensive stands of freshwater
marsh have been documented on the Unocal property. Additional stands also occur along
drainage ditches throughout the project area, including the facilities master plan areas, as well as
in low -lying landscape positions throughout the area. Loss or temporary disturbance of
freshwater marsh is considered a significant impact.
Mitigation
Implementation of the following mitigation measures would reduce this impact to a less -
than- significant level.
Mitigation Measure BIO -1.1. Conduct Surveys for Wetland Resources, Sensitive
Natural Communities, and Special- Status Species. This mitigation measure is
described above.
Mitigation Measure BIO -6.1. Avoid and Minimize Impacts on Wetland Habitat. To
avoid and minimize impacts to freshwater marsh and other wetland habitats, the project
proponent will do all of the following:.
Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo
for the Airport Area and Margarita Area Specific Plans and 14 October 2004
Related Facilities Master Plans
J
EXHIBIT "A"
# obtain a qualified wetland ecologist to conduct a delineation of waters of the
United States, including wetlands, at the project site;
# obtain verification of the delineation from the Corps;
# avoid identified waters of the United States and wetlands during project design to the
extent possible and establish a buffer zone around jurisdictional features to be
preserved;
# obtain a permit from the Corps for any unavoidable fill of wetlands or other waters
of the United States; and
# develop and implement a mitigation and monitoring plan in coordination with the
agencies to compensate for losses and to ensure no net loss of wetland habitat
functions and values.
Finding: Mitigation Has Been Incorporated into the Project. The City finds that the
mitigation measure is feasible and has been adopted.
Impact BI0-7: Loss or Temporary Disturbance of Seasonal Wetlands
The Airport area contains approximately 20.12 hectares (49.72 acres) and the Margarita
area contains 3.76 hectares (9.30 acres) of existing and potential seasonal wetlands. Seasonal
wetlands have been documented throughout the Unocal property in the Airport area and are
likely present throughout unsurveyed portions of the planning area, including the facilities
master plan service areas. Seasonal wetlands are considered sensitive natural communities by
DFG and qualify as wetlands subject to Corps jurisdiction under Section 404 of the CWA..
Impacts on seasonal wetlands are considered significant.
Mitigation
Implementation of the following mitigation measures would reduce this impact to a less -
than- significant level.
Mitigation Measure BI0-1.1. Conduct Surveys for Wetland Resources, Sensitive
Natural Communities, and Special- Status Species. This mitigation measure is
described above.
Mitigation Measure BI0-6.1. Avoid and Minimize Impacts on Wetland Habitat.
This mitigation measure is described above.
Finding: Mitigation Has Been Incorporated into the Project. The City finds that the
mitigation measure is feasible and has been adopted.
Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo
for the Airport Area and Margarita Area Specific Plans and 15 October 2004
Related Facilities Master Plans
O
0 EXHIBIT "A„
Impact 11I0-8: Loss or Temporary Disturbance of Riparian Woodland and Scrub
The Airport area contains approximately 8.39 hectares (20.72 acres) of riparian woodland
and scrub. Riparian woodland and scrub are found on the Unocal property, along the East
Branch of Acacia Creek, and in other localized occurrences along unmapped drainage ditches or
low -lying areas throughout the planning area and facilities master plan service areas.
Additionally, the Margarita area contains 0.27 hectare (0.66 acre) of riparian woodland and
scrub. Riparian woodland and scrub are considered sensitive natural communities by DFG and
are likewise protected by the City General Plan and proposed Specific Plans= policies. The
riparian woodland and scrub may also qualify as wetlands subject to Corps jurisdiction under
Section 404 of the CWA. Impacts on riparian woodland and scrub are considered significant.
Mitigation
Implementation of the following mitigation measures would reduce this impact to a less -
than- significant level.
Mitigation Measure BIO -8.1. Avoid Temporary Disturbance to Riparian
Woodland and Scrub by Complying with DFG and City General Plan Guidelines
and Specific Plan requirements for Setbacks Regarding Riparian Corridors. The
project proponent will do all of the following:
# retain a qualified biologist to identify and map riparian woodland and scrub in the
project area;
# establish a buffer zone around the edge of the riparian habitat at a distance to be
determined in cooperation with DFG and the City by installing orange construction
fencing or poles and flags; and
# restrict construction activities to the outside of the fenced buffer zone.
Finding: Mitigation Has Been Incorporated into the Project. The City finds that the
mitigation measure is feasible and has been adopted.
Impact BI0-9: Loss or Temporary Disturbance of Agricultural Fields and Congdon's
Tarplant
The Airport area contains approximately 39.52 hectares (97.66 acres) and the Margarita
area contains approximately 2.97 hectares (7.33 acres) of agricultural fields. Agricultural fields
are locally and regionally common. The loss or temporary disturbance of agricultural fields is
generally considered less than significant from a biological standpoint. However, Congdon's
Tarplant, a special- status plant species, has been observed in fallow agricultural fields in the
planning area. Therefore, impacts on agricultural fields and Congdon's Tarplant are considered
significant.
Findings of Fact and Statement of Overriding Considerations City of San Lais Obispo
for the Airport Area and Margarita Area Specific Plans and 16 October 2004
Related Facilities Master Plans
n
Mitigation
0.. _ _ Z XHMTAT "All
„
Implementation of the following mitigation measures would reduce this impact to a less -
than- significant level.
Mitigation Measure BIO -1.1. Conduct Surveys for Wetland Resources, Sensitive
Natural Communities, and Special- Status Species. This mitigation measure is
described above.
Mitigation Measure BI0-9.1. Avoid or Minimize Impacts on Special- Status Plant
Species. To avoid or minimize impacts on special- status plant species, the project
proponent will do all of the following:
# Whenever possible, set aside as nature preserve areas known to support large
populations of special- status plants.
# Ensure that a qualified botanist conducts surveys for special- status plant species in all
portions of the planning area at the appropriate time when the plants are clearly
identifiable. The botanist should document and map encountered populations.
# Avoid or minimize impacts on special - status plant populations to the extent possible.
# Compensate for the unavoidable loss or disturbance of special- status plant species.
Compensation shall be implemented under a mitigation plan developed in
conjunction with DFG and USFWS. The requirements for a mitigation plan will
depend on the species affected by the project and the extent of impacts on the
populations. Mitigation shall be implemented onsite whenever possible. Possible
mitigation locations (but not required locations) for Congdon's Tarplant include
those areas of the Unocal site set aside as Open Space.
Finding: Mitigation Has Been Incorporated into the Project. The City finds that the
mitigation measure is feasible and has been adopted.
Impact BIO -11: Impacts on Special- Status Plant Species
Several occurrences of special- status plant species have been reported in the Margarita
and Airport areas and the facilities master plan service areas. Populations of rayless ragwort and
San Luis Obispo mariposa lily occur in the South Hills, which are part of the Margarita area.
These occurrences are located in areas to be designated as Open Space; therefore, no impact on
these populations is expected.
Many occurrences of Congdon's Tarplant have recently been documented in the
Margarita and Airport areas. Although most populations occur in wetland conditions in a
grassland matrix, several populations have also been documented in disturbed areas, including
fallow fields. Impacts on special- status plant species are considered significant.
Findings of Fact and Statement of Overriding Considerations City of San Lais Obispo
for the Airport Area and Margarita Area Specific Plans and 1,7 October 2004
Related Facilities Master Plans
Mitigation
n
EXHIBIT "A„
Implementation of the following mitigation measure would reduce this impact to a less -
than- significant level.
Mitigation Measure BIO -1.1. Conduct Surveys for Wetland Resources, Sensitive
Natural Communities, and Special - Status Species. This mitigation measure is
described above.
Mitigation Measure BI0-9.1. Avoid or Minimize Impacts on Special- Status Plant
Species. This mitigation measure is described above.
Finding: Mitigation Has Been Incorporated into the Project.. The City finds that the
mitigation measure is feasible and has been adopted.
Impact BIO -12: Impacts on Non - Listed Special- Status Wildlife Species
Several occurrences of special - status species have been reported in the Margarita and
Airport areas. Many more special- status species have the potential for occurrence in these areas
(Table 3C -5). Impacts on special- status wildlife species are considered significant.
Mitigation Measure BIO -1.1. Conduct Surveys for Wetland Resources, Sensitive
Natural Communities, and Special- Status Species. This mitigation measure is
described above.
Mitigation Measure BI0-12.1. Avoid or Minimize Impacts on Non - Listed, Special -
Status Wildlife Species. To avoid or minimize impacts on non - listed, special- status
wildlife species (Table 3C -5 of the program EIR), the project proponent will do all of the
following:
Ensure that a qualified biologist conducts surveys for non - listed special - status wildlife
species in all portions of the planning area at the appropriate time for each species. The
biologist should document and map encountered individuals.
# Avoid or minimize impacts on non - listed special- status wildlife populations and
individuals to the extent possible.
# Ensure that a qualified biologist conducts protocol -level surveys for burrowing owls
and, if presence is confirmed, develops a mitigation plan following DFG guidelines.
# Surveys would be conducted at suitable breeding habitat for nesting tricolored
blackbirds before construction begins. Surveys would be conducted 2B3 times during the
nesting season (April 1BJuly 15). If nesting tricolored blackbirds are found, the project
proponent shall avoid impacts on the species by one of two methods: avoiding
construction within 500 feet of an active nesting colony during the nesting season or
constructing the interceptor during the nonbreeding season (July 15BMarch 31). Barrier
Findings of Fact and Statement of Overriding Considerations
for the Airport Area and Margarita Area Specific Plans and 18
Related Facilities Master Plans
City of San LAds Obispo
October 2004
EXHIBIT "A"
fencing would be used to establish buffer zones around the active colonies. Removal of
suitable breeding habitat should also be minimized through the project design. If nesting
habitat is unoccupied, construction in the area could occur at any time; however, removal
of suitable breeding habitat should be minimized.
# Compensate for the unavoidable loss or disturbance of non - listed special- status
wildlife species. Compensation shall be implemented under a mitigation plan developed
in conjunction with DFG and USFWS. The requirements for a mitigation plan will
depend on the species affected by the project and the extent of impacts on the
populations. Mitigation shall be implemented onsite whenever possible.
Finding: Mitigation Has Been Incorporated into the Project. The City finds that the
mitigation measure is feasible and has been adopted.
Impact BIO -13: Potential Direct Mortality or Disturbance of California Red - Legged Frogs
California red - legged frogs have been observed in the creeks in the San Luis Obispo area,
including Acacia Creek, the perennial stream on the eastern and southern edge of the Tank Farm.
Implementing construction activities or projects in the Airport area, including the facilities
master plans could require removal of riparian or marsh vegetation or disturbance of stream
habitat along the South Fork of Acacia Creek or ponds and marshes in the area. This could cause
direct mortality of red - legged frogs or removal of their habitat. This potential impact on the
California red - legged frog is considered significant because the Airport area, and to a lesser
extent the Margarita area, are within the range of the species, suitable habitat is present, and the
species has been recorded in the vicinity.
Mitigation
Implementation of the following mitigation measures would reduce this impact to a less -
than- significant level.
Mitigation Measure BIO -13.1. Avoid Potential Direct Mortality and Loss of
California Red - Legged Frogs.
# Prior to the initial site investigation and subsequent ground disturbing activities, a
qualified biologist will instruct all project personnel in worker awareness training,
including recognition of California red - legged frogs and their habitat.
# A qualified biologist will conduct pre - construction surveys within the project area no
earlier than 2 days before ground- disturbing activities.
# No activities shall occur after October 15 or the onset of the rainy season, whichever
occurs first, until May 1 except for during periods greater than 72 hours without
precipitation. Activities can only resume after site inspection by a qualified biologist.
The rainy season is defined as: a frontal system that results in depositing 0.25 inches
or more of precipitation in one event.
Findings of Fact and Statement of Overriding Considerations City of San Ltis Obispo
for the Airport Area and Margarita Area Specific Plans and 19 October 2004
Related Facilities Master Plans
EXHIBIT "A„
# Vehicles to and from the project site will be confined to existing roadways to
minimize disturbance of habitat.
# Prior to movement of a backhoe in the project area, a qualified biologist will make
sure the route is clear of California red - legged frogs.
# If a California red- legged frog is encountered during excavations, or any project
activities, activities will cease until the frog is removed and relocated by an USFWS-
approved biologist. Any incidental take will be reported to the USFWS immediately
by telephone at (916) 414 -6600.
# If suitable wetland habitat is disturbed or removed, the project proponent will restore
the suitable habitat back to its original value by covering bare areas with mulch and
revegetating all cleared areas with wetland species that are currently found in the
project area.
Finding: Mitigation Has Been Incorporated into the Project. The City finds that the
mitigation measure is feasible and has been adopted.
Impact BIO -14: Potential Direct Mortality of or Indirect Impacts on Vernal Pool Fairy
Shrimp and California Tiger Salamanders
Implementing the specific plans could result in the loss of, or disturbance to, vernal pool
fairy shrimp and California tiger salamanders (if they occur in the planning area) if there are
vernal pools or other suitable seasonal wetlands within 250 feet of project activities. Direct or
indirect impacts on vernal pool fairy shrimp and tiger salamanders are considered significant
because the species are listed under the federal ESA and a candidate for federal listing,
respectively.
Mitigation
Implementation of the following mitigation measure would reduce this impact to a-
less- than- significant level.
Mitigation Measure BIO -14.1. Compensate for Direct and Indirect Impacts on
Vernal Pool and Seasonal Wetland Vernal Pool Fairy Shrimp and California Tiger
Salamander Habitat. If vernal pool fairy shrimp or tiger salamander habitat is present
and cannot be avoided, the project proponent will compensate for direct and indirect
effects on the habitat. The project proponent will conduct an onsite visit with USFWS
and DFG to determine whether potential vernal pools or seasonal wetlands in the Airport
and Margarita areas are suitable fairy shrimp and tiger salamander habitat. If there is no
suitable fairy shrimp and tiger salamander habitat, no additional mitigation is needed. If
there is suitable habitat, the project proponent can assume that it is occupied and mitigate
the loss of habitat, or can retain a qualified biologist to conduct USFWS protocol -level
surveys and determine presence or absence. These surveys typically require two seasons
Findings of Fact and Statement of Overriding Considerations City of San Lais Obispo
for the Airport Area and Margarita Area Specific Plans and 20 October 2004
Related Facilities Master Plans
EXHIBIT 66A19
of surveys during the winter -wet season; therefore, most project proponents assume
presence and mitigate the loss of fairy shrimp and tiger salamander habitat. This
compensation will be achieved by implementing the following measures, as described in
the programmatic agreement between USFWS and the Corps:
# Create suitable fairy shrimp habitat (i.e., vernal pools or other suitable seasonal
wetlands) at a 1:1 ratio or other ratio approved by the USFWS. The habitat must be
created at a location approved by USFWS.
# Preserve suitable fairy shrimp habitat at a 2:1 ratio or other ratio approved by the
USFWS. The habitat must be preserved at a location approved by USFWS.
# Before construction starts, the project proponent will obtain authorization from
USFWS to take listed fairy shrimp species that would be affected by the project. A
biological opinion under the federal ESA may be needed from USFWS before
construction begins. This is not intended to limit mitigation should USFWS and the
Corps require a different approach.
Finding: Mitigation Has Been Incorporated into the Project. The City finds that the
mitigation measure is feasible and has been adopted.
Impact BIO -16: Potential Disturbance of Least Bell =s Vireos
The least Bell =s vireo may breed in dense riparian vegetation in the Airport Area and
Margarita Area Specific Plan areas, including the facilities master plan areas. This bird is a rare
breeding species in San Luis Obispo County. Because the least Bell =s vireo habitat may be
reduced, this impact is considered significant.
Mitigation
Mitigation Measure BIO -16.1. Conduct Protocol -Level Surveys for Least Bell=s
Vireo. If the species or appropriate habitat is present, then the project proponent will
implement Mitigation Measure 1310- 16.2.
Mitigation Measure BIO -16.2. Avoid Potential Direct Mortality and Loss of Least
Bell =s Vireo. The project proponent will consult with USFWS and DFG and possibly
conduct a site visit with these agencies to develop measures to avoid and minimize
potential impacts on this species along the stream in the Airport and Margarita areas. If
potential impacts on least Bell =s vireos can be avoided, no additional mitigation is
needed. If potential impacts on the least Bell =s vireo cannot be avoided, the project
proponent will implement Mitigation Measure BIO -16.3.
Mitigation Measure BIO -163. Develop and Implement a Least Bell =s Vireo
Mitigation Plan. If potential impacts on the least Bell =s vireo cannot be avoided along
the creeks in the Airport area in the planning area, the project proponent will prepare and
Findings of Fact and Statement of Overriding Considerations City of San Luis. Obispo
for the Airport Area and Margarita Area Specific Plans and 2 l October 2004
Related Facilities Master Plans
J EXHIBIT "A„
implement a mitigation plan and obtain the appropriate federal ESA permits, if necessary.
The project proponent will consult with USFWS and DFG to determine whether
additional mitigation is needed, and USFWS will assist the project proponent in
determining whether incidental take authorization under the federal ESA is needed. The
plan will need to include measures that would avoid and minimize impacts on the least
Bell=s vireo and additional habitat creation, enhancement, . and management in the
planning area.
Finding: Mitigation Has Been Incorporated into the Project. The City finds that the
mitigation measure is feasible and has been adopted.
Impact BIO -17: Potential Direct Mortality of or Indirect Impacts on Southwestern Pond
Turtle
The southwestern pond turtle is known to occur in the tributaries of San Luis Obispo
Creek, and it has been observed in riparian vegetation on the Tank Farm site (Entrix 1996).
Pond turtles could occur in ponds in the Airport area; they could also nest in the grasslands there,
especially at the Tank Farm. Implementing construction activities or projects in the Airport area
could require removal or disturbance of riparian habitats, ponds, or grasslands, but a substantial
amount of habitat would not be disturbed. This could cause short-term impacts on pond turtles
in the Airport area. Depending on the year and the season, eliminating the reach of Orcutt Creek,
modifying Acacia Creek (including mitigation enhancements for loss at Orcutt Creek), and
developing the sports fields and Prado Road extension could have adverse impacts on pond
turtles. Therefore, these potential impacts on the southwestern pond turtle are considered
significant.
Mitigation
Implementation of the following mitigation measures would reduce this impact to a less -
than- significant level.
Mitigation Measure BIO -17.1. Avoid Potential Direct Mortality and Loss of
Southwestern Pond Turtle. The project proponent will consult with USFWS and DFG
and possibly conduct a site visit with these agencies to develop measures to avoid and
minimize potential impacts on this species along the stream and wetlands (including
ponds) in the Airport and Margarita areas. If potential impacts on the southwestern pond
turtle can be avoided, no additional mitigation is needed. If potential impacts on the
southwestern pond turtle cannot be avoided, the project proponent will implement
Mitigation Measure BIO -17.2.
Mitigation Measure BIO -17.2. Develop and Implement a Southwestern Pond Turtle
Mitigation Plan. If potential impacts on the southwestern pond turtle cannot be avoided
along the creeks in the Airport area and marsh and other wetlands in the planning area,
the project proponent will prepare and implement a mitigation plan and obtain the
appropriate federal ESA permits, if necessary. The project proponent will consult with
USFWS and DFG to determine whether additional mitigation is needed, and USFWS and
Findings of Fact and Statement of Overriding Considerations - City of San Luis Obispo
for the Airport Area and Margarita Area Specific Plans and 2,l October 2004
Related Facilities Master Plans
0 EXHIBIT "A„
the Corps will assist the project proponent in determining whether incidental take
authorization under the federal ESA is needed. The plan will need to include measures
that would avoid and minimize impacts on the southwestern pond turtle and additional
habitat creation, enhancement, and management in the planning area.
Finding: Mitigation Has Been Incorporated into the Project. The City finds that the
mitigation. measure is feasible and has been adopted.
Traffic and Circulation
Impact T -1: Secondary Impacts of Road Improvements
The improvements necessary to achieve vehicular flow at the intersections listed above
could cause secondary impacts on pedestrians and bicyclists. To avoid significant pedestrian and
bicycle impacts, development projects in the Airport and Margarita Specific Plan areas shall
include pedestrian and bicycle facilities in the design of the intersection and roadway
improvements. Pedestrian facilities shall include sidewalks along both sides of all newly
constructed streets and reconstructed streets, crosswalks at new intersections and reconstructed
intersections, and pedestrian signals at all new and reconstructed signalized intersections.
Bicycle facilities shall include Class II bike lanes on all new and reconstructed streets per the San
Luis Obispo Bicycle Transportation Plan and the Specific Plans. Bike lanes shall be included in
the widening and extension of the following streets.
# South Higuera Street (Tank Farm to Buckley)
# Broad Street (Buckley to Tank Farm Road)
# Prado Road (Broad Street to US 101 interchange)
# Santa Fe Road (Buckley to Prado road extension)
The road improvements in the Margarita and Airport Area Specific Plans will result in
substantial widening of roadways and intersection approaches to accommodate vehicle traffic
and maintain LOS D or better. Widening of streets and intersections can result in secondary
significant impacts on pedestrians and bicyclists by increasing crossing distance and introducing
conflicts at intersections with multiple turning lanes unless designed properly.
Mitigation
Implementation of the following mitigation measures would reduce this impact to a less -than-
significant level.
Mitigation Measure T -1.1: Implement Design Features. The following design features
should be implemented:
Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo
for the Airport Area and Margarita Area Specific Plans and 23 October 2004
Related Facilities Master Plans
EXHIBIT "A„
# On approaches to intersections where exclusive right -turn lanes are recommended
and Class H bikeways are proposed, the design of the intersection shall provide bike
lanes (1.2 meters in width) for through travel along the left edge of the right -turn
lane.
# At intersection approaches where pedestrian crossing distance exceeds six travel
lanes (22 meters), the intersection design shall include an Americans with Disabilities
Act (ADA) compliant median refuge island (raised concrete) with pushbutton to
activate the pedestrian signal. The minimum width of the median refuge shall be 1.2
meters if integral with a raised median along the entire length of the street, or 1.8
meters wide by 6 meters long if an isolated median refuge. Exceptions for this
measure include locations where existing right -of -way constraints make it infeasible
to widen the street for the refuge.
# All signalized intersections shall be designed with pedestrian signal heads and
pushbutton activation.
# Intersections with exclusive right -turn lanes shall be designed to reduce the speed of
right- turning vehicles and reduce the pedestrian crossing distance. The curb return
radius should be 15 meters or less. Raised pedestrian refuges (porkchop islands) may
be installed between exclusive right -turn lanes and through lanes on streets with
crossings that exceed 22 meters, but the approach angle of the right turn shall be
designed to minimize turning speed.
Mitigation Measure T -1.2: Install New Signalized Intersection for Aero Drive and
Broad Street. To mitigate significant effects on this intersection, a new signalized
intersection shall be installed on Broad Street south of Aero Drive, as identified in the
Airport Master Plan.
Finding: Mitigation Has Been Incorporated into the Project. The City finds that the
mitigation measure is feasible and has been adopted.
Air Quality
Impact AIR -1: Short -Term Construction Emissions
Buildout under the proposed project would involve the grading and construction of
residential, commercial, industrial, and recreational structures throughout the project in the
Airport Area, Margarita Area, and facilities master plan service areas. All phases of site
preparation and building construction would produce construction emissions. The most
emissions would be generated during the initial phases of site preparation when large areas of
soil would be disturbed and many large construction vehicles would be in operation. Emissions
occurring during this phase would consist primarily of particulates generated by soil disturbance
and combustion emissions generated by construction vehicles. The rate of particulate generation
is dependent upon soil moisture and silt content, wind speed, and relative activity level.
Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo
for the Airport Area and Margarita Area Specoc Plans and 24 October 2004
Related Facilities Master Plain
EXHIBIT "A"
The combustion emissions generated by construction vehicles and equipment may
degrade local air quality and cause exceedances of the state nitrogen dioxide standard. In
addition, emissions of ozone precursors (NO, and ROG) would exacerbate existing high ozone
levels in the County. The magnitude of combustion emissions is highly variable among
construction sites because of the variability in the number of construction vehicles operating
simultaneously.
While the total acreage to be developed under buildout of the proposed project could be
estimated, the phasing of individual development projects is not known. Consequently, the
impact of construction emissions on regional or local air quality cannot be quantified with any
accuracy. The construction emissions of each specific development project must be evaluated
individually and cumulatively to determine the magnitude of impacts to regional and local air
quality. This impact is considered significant
Mitigation
Implementation of the following mitigation measure would reduce the impact to a less -
than- significant level.
Mitigation Measure AIR -1.1. Implement Construction- Related Combustion
Emissions Mitigation. NO,, emissions will be the controlling factor in determining the
application of control strategies for construction - related, combustion - related emissions.
Any project requiring grading of >1,950 cubic yards /day or >50,000 cubic yards within a
3 -month period will need to apply Best Available Control Technology for construction
equipment combustion controls. Projects requiring >125,000 cubic yards of grading in a
3 -month period will need to apply CBACT plus offsets and/or other mitigation.
Examples of CBACT can be found in the San Luis Obispo APCD CEQA Air Quality
Handbook. If impacts are still significant after application of CBACT, the following
additional measures shall be implemented as necessary:
# use Caterpillar pre - chamber diesel engines (or equivalent), properly maintained and
operated to reduce emissions of NO,,;
# use electrically powered equipment where feasible;
# maintain equipment in tune per manufacturer's specifications, except as otherwise
required above;
# install catalytic converters on gasoline - powered equipment;
# substitute gasoline - powered equipment for diesel - powered equipment, where
feasible;
# implement activity management techniques as described below; and
Findings of Fact and Statement of Overriding Considerations City of San Lads Obispo
for the Airport Area and Margarita Area Specific Plans and ,Z5 October 2(X14
Related Facilities Master Plans
C
� EXHIBIT "A"
# use compressed natural gas or propane - powered portable equipment (e.g.,
compressors, generators, etc.) onsite instead of diesel - powered equipment, where
feasible.
Mitigation Measure AIR -1.2. Implement Construction - Related Fugitive Dust
(PM10) Mitigation Any project with a grading area greater than 1.6 hectares (4.0 acres)
of continuously worked area will exceed the 2.5 ton PM10 quarterly threshold and will
require the following mitigation measures where applicable. Proper implementation of
these measures shall be assumed to achieve a 50% reduction in fugitive dust emissions.
The use of soil binders on completed cut - and -fill areas has the potential to reduce fugitive
dust emissions by 80 %.
# Reduce the amount of the disturbed area where possible.
# Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust
from leaving the site; increased watering frequency would be required whenever
wind speeds exceed 15 miles per hour (mph); reclaimed (nonpotable) water should be
used whenever possible.
# Spray all dirt stockpile areas daily as needed.
# Implement permanent dust control measures identified in the approved project
revegetation and landscape plans as soon as possible following completion of any
soil- disturbing activities.
# Sow exposed ground areas that are planned to be reworked at dates occurring 1
month after initial grading with a quickly germinating native grass seed and water
until vegetation is established.
# Stabilize all disturbed soil areas that are not subject to revegetation using approved
chemical soil binders, jute netting, or other methods approved in advance by the
APCD.
# Complete paving of all roadways, driveways, sidewalks, etc. that are to be paved as
soon as possible; lay building pads as soon as possible after grading unless seeding or
soil binders are used.
# Limit vehicle speeds for all construction vehicles to a maximum of 15 mph on any
unpaved surface at the construction site..
# Cover all trucks hauling dirt, sand, soil, or other loose materials or maintain at least 2
feet of freeboard (minimum vertical distance between top of load and top of trailer)
in accordance with CVC Section 23114; this measure has the potential to reduce
PM10 emissions by 7B14 %.
Findings of Fact and Statement of Overriding Considerations City of San Lais Obispo
for the Airport Area and Margarita Area Specific Plans and 26 October 1004
Related Facilities Master Plants
`�) EXHIBIT "A„
# Install wheel washers where vehicles enter and exit unpaved roads onto streets, or
wash off trucks and equipment leaving the site; this measure has the potential to
reduce PM10 emissions by 40B70 %.
# Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads; water sweepers with reclaimed water should be used where feasible;
this measure has the potential to reduce PM10 emissions by 25B60 %.
All PM10 mitigation measures required should be shown on grading and building plans.
In addition, the contractor or builder should designate a person or persons to monitor the
dust control program and to order increased watering, as necessary, to prevent transport
of dust offsite. Their duties shall include holidays and weekend periods when work may
not be in progress. The name and telephone number of such persons shall be provided to
the APCD prior to land use clearance for map recordation and land use clearance for
finish grading of the structure.
Mitigation Measure AIR -13. Implement Construction- Related Activity
Management Techniques
# Develop a comprehensive construction activity management plan designed to
minimize the amount of large construction equipment operating during any given
time period.
# Schedule construction truck trips during . non -peak hours to reduce peak hour
emissions.
# Limit the length of the construction work -day period, if necessary.
# Phase construction activities, if appropriate.
Finding: Mitigation Has Been Incorporated into the Project. The City finds that the
mitigation is feasible and has been adopted.
Impact AIR -2: Long -Term Operation Emissions
Long -term air quality impacts would result primarily from ongoing emissions generated
by the operation of motor vehicles and by natural gas combustion and electricity consumption.
The land uses proposed in the project would generate new vehicle trips in the air basin. Vehicle
emissions were estimated using the ARB =s URBEMIS7G model. The increase in vehicle
emissions associated with buildout of the project for each land use is presented in Table 3E-4-in
the program EIR under transportation emissions. Development of the land uses in the project
would increase the demand for electricity and natural gas for space and water heating.
Electricity consumption would generate emissions from fuel combustion at powerplants. Natural
Findings of Fact and Statement of Overriding Considerations City of San Luis 0
for the Airport Area and Margarita Area Specific Plans and ,L,'. October
Related Facilities Master Plans
EXHIBIT "A„
gas combustion would also generate emissions directly. Emissions were estimated using
URBEMIS7G and are listed in Table 3E-4 of the program EIR under area sources.
Consistency with the District =s CAP. As indicated in the APCD CEQA Air Quality
Handbook, a consistency analysis is required in the environmental review for projects that
involve a proposed project. The consistency analysis must evaluate the following questions:
1. Are the population projections used in the plan or project equal to or less than those
used in the most recent CAP for the same area?
2. Is the rate of increase in vehicle trips and miles traveled less than or equal to the rate
of population growth for the same area?
3. Have all applicable land use and transportation control measures from the CAP been
included in the plan or project to the maximum extent feasible?
Provided that the answer to all three of these questions is yes, the project is to be considered
consistent with the CAP. If the answer to any one of the questions is no, then the emissions
reductions projected in the CAP may not be achieved, which could delay or preclude attainment
of the state ozone standard. This would be considered inconsistent with the CAP. The following
paragraphs evaluate the proposed project based on the questions presented above.
1. Are the population projections used in the plan or project equal to or less than those
used in the most recent CAP for the same area?
The CAP includes population figures for incorporated and unincorporated areas of the
County for 1990, as well as population projections up to year 2010. The CAP
projects that the population of the San Luis Obispo area will be 49,228 in the year
2010. The proposed project uses the population projections in the San Luis Obispo
General Plan and, according to the most recent plan, the population projection for the
year 2010 is also 49,228. As such, the proposed project would be consistent with the
population projections in the CAP.
2. Is the rate of increase in vehicle trips and miles traveled less than or equal to the rate
of population growth for the same area? Due mainly to the additional employment
generated in the area (more than anticipated by the 1994 Land Use and Circulation
Elements update), VMT is expected to increase faster than population in the area.
Over the anticipated buildout period for the area, a gradual shift to vehicles with
lower emissions is expected to at least partially offset air quality impacts of increased
VMT. However, rapid commercial and industrial development in the early years
could exceed this compensating reduction.
3. Have all applicable land use and transportation control measures from the CAP been
included in the plan or project to the maximum extent feasible?
Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo
for the Airport Area and Margarita Area Specific. Plans and ,Z8 October 2004
Related Facilities Master Plans
1 I
I
—J EXHIBIT "A"
Under the San Luis Obispo Area Plan, the goals for land use were to plan compact
communities, provide for mixed land use, and balance jobs and housing. The
proposed project incorporated these goals from the Area Plan, which was also
identified in the CAP aim to reduce the number of VMT by local residents. For
example, the Margarita Area Specific Plan would allow the development of a wide
variety of land uses including Residential, Park, Neighborhood Commercial, Business
Parks, and Elementary School. These land uses would provide residents with
convenient access to employment, basic shopping, recreation, and education through
both the locations of land uses and the design of circulation features.
Based on these considerations, the proposed project would be consistent with the CAP
and is not expected to further delay the attainment of state and federal air quality standards
within the County. Therefore, this impact is considered to be less than significant.
Mitigation
Mitigation Measure AIR -2.1. Implement Growth- Phasing Schedule. The City will
implement a growth- phasing schedule for the Airport area, to assure that nonresidential
development in the urban area does not exceed the pace of residential development.
Finding: Mitigation Has Been Incorporated into the Project. The City finds that the
mitigation measure is feasible and has been adopted.
Noise
No significant impacts associated with Noise were identified in the program EIR for the
proposed project.
Hazardous Materials
Impact HAZ -1: Potential Construction - Related Exposure to Hazardous Materials
Construction - related activities associated with specific projects in the Airport and
Margarita areas and development of roadway /utility infrastructure associated with the facility
master plans would involve the use of materials that could contaminate nearby soils and water
resources in the project area (e.g., petroleum -based fuels and oils, solvents, cement).
Additionally, construction workers and other people could be exposed to dust or emissions
containing these materials. Construction workers could also be exposed to organic pesticides,
herbicides, and other hazardous materials during groundbreaking activities.
Groundwater may also occur near the surface along buried infrastructure alignments.
Trenches or tunnels may encounter groundwater, which may require dewatering for pipe
Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo
for the Airport Area and Margarita Area Specific Plans and 29 October 2004
Related Facilities Master Plans
O EXHIBIT "A„
placement. Contaminated water encountered during construction- related activities may also
require special handling and disposal procedures.
While known and potential hazardous materiaWwaste sites have been identified in the
Airport area,.the potential also exists to expose construction workers to previously undiscovered
hazardous materials /waste sites during development of the Margarita area. Because
construction- related activities could substantially increase the use of hazardous materials and
increase the risk of exposure to hazardous materials in the project area, this impact is considered
significant.
Mitigation
Implementation of the following mitigation measures would reduce this impact to a less -
than- significant level.
Mitigation Measure HAZ -1.1. Implement a Construction - Related Hazardous
Materials Management Plan. Before beginning construction activities, a project
proponent will submit a hazardous materials management plan for construction activities
that involve hazardous materials. The plan will discuss proper handling and disposal of
materials used or produced onsite, such as petroleum products, concrete, and sanitary
waste. The plan will also outline a specific protocol to identify health risks associated
with the presence of chemical compounds in the soil and/or groundwater and identify
specific protective measures to be followed by the workers entering the work area. If the
presence of hazardous materials is suspected or encountered during construction- related
activities, the project proponent will implement Mitigation Measure HAZ -1.2.
Mitigation Measure HAZ -1.2. Conduct Phase I and Possibly Phase 1I
Environmental Site Assessments to Determine Soil or Groundwater Contamination.
The project proponent will complete a Phase I environmental site assessment for each
proposed public facility (e.g., streets and buried infrastructure). If Phase I site
assessments indicate a potential for soil and/or groundwater contamination within or
adjacent to the road or utility alignments, a Phase II site assessment will be completed.
The following Phase II environmental site assessments will be prepared specific to soil
and/or groundwater contamination.
# Soil Contamination. For soil contamination, the Phase II site assessment will
include soil sampling and analysis for anticipated contaminating substances. If soil
contamination is exposed during construction, the San Luis Obispo Fire Department
( SLOFD) will be notified and a workplan to characterize and possibly remove
contaminated soil will be prepared, submitted, and approved.
# Groundwater Contamination. For groundwater contamination, the Phase II
assessment may include monitoring well installation, groundwater sampling, and
analysis for anticipated contaminating substances. If groundwater contaminated by
potentially hazardous materials is expected to be extracted during dewatering, the
SLOFD and the Central Coast RWQCB will be notified._ A contingency plan to
Findings of Fact and statement of Overriding Considerations City of San Luis Obispo
for the Airport Area and Margarita Area Specific Plans and 30 October 2004
Related Facilities Master Plans
EXHIBIT "A"
dispose of contaminated groundwater will be developed in agreement with the
SLOFD and Central Coast RWQCB before activities.
Finding: Mitigation Has Been Incorporated into the Project. The City finds that the
mitigation is feasible and has been adopted.
Impact HAZ -2: Potential Operations- Related Exposure to Hazardous Materials
Implementation of the proposed project would include the development of manufacturing
and business park land uses in the Airport area and the development of business park land uses in
the Margarita area. Operations at the sites could involve the delivery, use, manufacture, and
storage of various chemicals necessary to perform manufacturing and business park activities.
Operations- related activities within both the Airport and Margarita areas could substantially
increase the use of hazardous materials and increase the risk of exposure to hazardous materials
in the project area. Development of the specific roadway and utility infrastructure improvements
outlined in the facility master plans would not generate a substantial amount of operations -
related hazardous materials. Because operations- related activities could substantially increase
the use of hazardous materials and increase the risk of exposure to hazardous materials in the
project area, this impact is considered significant.
Mitigation
Implementation of the following mitigation measure would reduce this impact to a less -
than- significant level.
Mitigation Measure HAZ -2.1. Implement an Operations - Related Hazardous
Materials Management Plan. The project proponent will ensure that a hazardous
materials management plan for operations - related activities is established and addresses
the delivery, use, manufacture, and storage of various chemicals. The plan will identify
the proper handling and disposal of materials used or produced onsite, such as petroleum
products, concrete, and sanitary waste. In addition, the SLOFD will conduct routine fire
and life - safety inspections to determine compliance with applicable health and safety
codes.
Finding: Mitigation Has Been Incorporated into the Project. The City finds that the
mitigation measure is feasible and has been adopted.
Findings of Fact and Statement of Overriding Considerations City of San Lis Obispo
for the Airport Area and Margarita Area Specific Plans and October 2004
Related Facilities Master Plans 31
EXHIBIT ``A"
Impact HAZ -3: Short -Term Surface Water Quality Degradation from Accidental Release
of Hazardous Materials during Construction- Related Activities
Construction - related activities associated with specific projects in the Airport and
Margarita areas and development of roadway /utility infrastructure associated with the facility
master plans would require the installation of much buried infrastructure to support development.
The proposed buried infrastructure may cross several drainages, and construction- related
activities would involve the use of hazardous materials (e.g., oils, grease, lubricants) that could
accidentally be released into local waterways.
Water quality impacts would largely be determined by the duration and seasonality of
construction- related activities. Specific areas of concern in the Airport area include San Luis
Obispo Creek, Orcutt Creek, and Davenport Creek. Areas of concern in the Margarita area
include Acacia Creek. Although construction- related activities occurring during the dry season
would have less potential to flush hazardous materials into a stream or drainage, low summer
flows are less able to dilute hazardous materials entering the water column. Because
construction - related activities would substantially increase the use of hazardous materials and
increase the risk of accidental release of hazardous materials into project -area drainages, this
impact is considered significant.
Mitigation
Implementation of the following mitigation measure would reduce this impact to a less-
than - significant level.
Mitigation Measure HAZ -1.1. Implement a Construction- Related Hazardous
Materials Management Plan. This mitigation measure is described above.
Finding: Mitigation Has Been Incorporated into the Project. The City finds that the
mitigation measure is feasible and has been adopted.
Public Services and Utilities
No significant impacts associated with public services or utilities were identified in the program
EIR for the proposed project.
Cultural Resources
Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo
for the Airport Area and Margarita Area Specific. Plans and 32 October 2004
Related Facilities Master Plans
EXHIBIT "A„
Impact CR -1: Potential Damage to or Destruction of Known and/or Unknown Cultural
Resources
Different types of cultural resources throughout the planning areas could be affected by
activities proposed within the Airport and Margarita areas and the related facility master plan
areas. For example, archaeological sites are susceptible to damage during excavation.
Generally, the scientific value of archaeological sites is in the information that can be extracted
about past lifestyles. Any activity that moves, removes, or destroys aspects of a site will
compromise that information. The historic built environment and historic landscape are also
quite susceptible to impacts associated with activities proposed under the specific plans. For
example, any activity that destroys or alters the physical makeup of structures or the setting in
which they exist, including, but not limited to, the construction of new structures, will
compromise the integrity of these resources.
Previous cultural resource field surveys have identified a wooden barn in the Airport area
and a cluster of four stone mortars in the Margarita area. Although individual projects have not
been proposed, resources associated with these findings may be adversely affected by individual
projects. Impacts on these cultural resources could result from ground disturbance associated
with infrastructure development and construction of new structures, roads, and underground
utilities.
Implementation of the proposed project would entail reuse of the area for residential,
service and manufacturing, commercial, office, public, open space, recreational, infrastructure,
and underground utilities. Ground disturbance associated with infrastructure development and
construction of new structures, access roads, and underground utilities could have an impact on
known or unknown cultural resources; therefore, this impact is considered significant.
Mitigation
Implementation of the following mitigation measure would reduce this impact to a less -
than- significant level.
Mitigation Measure CR -1.1. Protect Known and/or Unknown Cultural Resources.
The City will ensure that the project proponent implements the following measures before
and during development of specific projects proposed under the Airport Area and
Margarita Area Specific Plans and the related facility master plans. Specific measures
include the following:
# Conduct Surveys of Unsurveyed Areas. Before implementing project activities,
pedestrian surveys will be conducted to locate and record cultural resources.
# Evaluate Resources within the Project Areas. Resources in the planning areas that
cannot be avoided will be evaluated. Additional research and test excavations, where
appropriate, will be undertaken to determine whether the resource(s) meets CEQA or
NRHP significance criteria. Impacts on significant resources that cannot be avoided
Findings of Fact and Statement of Overriding Considerations City of San Lais Obispo
for the Airport Area and Margarita Area Specific Plans and 33 October 2004
Related Facilities. Master Plans
0 O EXHIBIT "A„
will be mitigated in consultation with the lead agency for the project. Possible
mitigation measures include:
- a data recovery program consisting of archaeological excavation to retrieve the
important data from archaeological sites;
- development and implementation of public interpretation plans for both prehistoric
and historic sites;
- preservation, rehabilitation, restoration, or reconstruction of historic structures
according to the Secretary of Interior Standards for Treatment of Historic
Properties;
- construction of new structures in a manner consistent with the historic character of
the region; and
- treatment of historic landscapes according to the Secretary of Interior Standards for
Treatment of Historic Landscapes.
If the project involves a federal agency, and is therefore subject to a Memorandum of
Agreement, the inventory, evaluation, and treatment processes will be coordinated with
that federal agency to ensure that the work conducted will also comply with Section 106
of the NHPA.
Finding: Mitigation Has Been Incorporated into the Project. The City finds that the
mitigation measure is feasible and has been adopted.
Cumulative Impacts
Because of the program -level nature of the project, cumulative impacts are considered in
each of the sections of Chapter 3 of the program EIR (and the project's significant impacts are
discussed above for each resource topic listed). The project directly implements policies and
plans adopted by the City, including the City General Plan. This EIR analysis uses the projection
approach to cumulative impact analysis, supplemented by the policies contained in the proposed
Airport Area Specific Plan and Margarita Area Specific Plan. The projection approach to
cumulative impact analysis involves considering the project effects in light of the effects
summarized in an adopted general plan or related planning document that is designed to evaluate
regional or areawide conditions@ (State CEQA Guidelines, Section 15130[b][1][B].) The
analysis is based on the assumption that the cumulative impacts analysis of the general plan EIR
provides an appropriate and adequate base for analysis of future development and cumulative
impacts associated with the proposed project. In certain instances, the Airport Area Specific Plan
and Margarita Area Specific Plan propose changes to what is currently identified in the adopted
general plan. Where there are conflicts between the adopted general plan and the proposed
specific plans, policies are proposed in the form of mitigation to reduce cumulative impacts.
Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo
for the Airport Area and Margarita Area Specific Plans and 34 October 2004
Related Facilities Master Plans
. 0 EXHIBIT "A„
Finding: Mitigation Has Been Incorporated into the Project. Except for the two impacts
listed below, the City finds that the mitigation measures proposed above are feasible and have
been adopted to reduce the cumulative impacts.
Finding: No Feasible Mitigation is Available. The City finds that no feasible mitigation is
available for the following cumulative impacts and that these cumulative impacts are significant
and unavoidable:
Impact LU -5: Conversion of Prime Agricultural Land to Urban Uses
Impact LU -6: Change in Views
A statement of overriding consideration for these impacts is made in Section 6.
Growth Inducement
Impact: Increased Growth and Additional Secondary Growth - Related Impacts
The project will result in the potential future development of the Airport and Margarita
areas for residential, commercial, industrial, park, and open space uses. This includes the use of
approximately 357.9 hectares (884.4 acres) for urban uses, including development of
approximately 868 residential units for approximately 2,015 people. However, the project
directly implements policies and plans adopted by the City, including the City General Plan. The
growth- inducement analysis is based on the assumption that the growth- inducing impacts
analysis of the City General Plan EIR provides an appropriate and adequate base for analysis of
future development and growth- inducing impacts associated with the proposed project.
landscape. The impact is considered significant and unavoidable.
Mitigation
Implementation of the adopted policies in the City =s general plan and mitigation
measures in the General Plan EIR (aimed at reducing the secondary effects of growth), combined
with implementation of the mitigation measures identified in Chapter 3 of the program EIR and
the policies contained in the Airport Area Specific Plan and Margarita Area Specific Plan will
reduce the secondary effects of growth associated with the proposed adoption of these specific
plans and related facilities master plans. However, these impacts would not be reduced to less -
than- significant levels. The project would have a significant and unavoidable growth- inducing
impact. Short of denying the project, there is no feasible mitigation.
Finding: No Feasible Mitigation is Available. The City finds that no feasible mitigation is
available and that this impact is significant and unavoidable. A statement of overriding
consideration for this impact is made in Section 6.
Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo
for the Airport Area and Margarita Area Specific Plans and 35 October 2004
Related Facilities Master Plans
EXHIBIT "A
SECTION 5. FINDINGS FOR ALTERNATIVES TO THE PROPOSED PROJECT
Introduction
As identified in Section 4 of this document, the proposed project will cause the following
significant and unavoidable environmental impacts to occur:
■ Impact LU -5: Conversion of Prime Agricultural Land to Urban Uses in the Airport
and Margarita areas and the Storm Drain Master Plan area.
■ Impact LU -6: Change in Views from a semi -rural landscape to an urban landscape in
the Airport and Margarita areas.
■ Growth Inducement: The project would have a significant and unavoidable growth-
inducing impact.
Because the proposed project will cause significant and unavoidable environmental impacts to
occur as identified above, the City must consider the feasibility of any environmentally superior
alternatives to the project, as proposed. The City must evaluate whether one or more of these
alternatives could substantially lessen or avoid the unavoidable significant environmental effects.
As such, the environmentally superiority and feasibility of each alternative to the project is
considered in this section. Specifically, this section evaluates the effectiveness of these
alternatives in reducing the significant and unavoidable impacts of the proposed project.
Description of the Alternatives
The program EIR for the project evaluates the following four alternatives to the project.
Alternative 1
Under Alternative 1, the southerly boundary of the Airport Area Specific Plan is moved
northerly. The airport is excluded from the Plan area. Additionally, land to the south and west of
the airport is excluded from the plan area. The total Airport Plan area is reduced by 140.3
hectares (346.6 acres). In addition to changes in the plan area boundary, the distribution of land
uses within the plan area is modified as shown in Table 5 -1 and Figure 2-4 of the program EIR
and outlined below. The boundaries of the Margarita Area Specific Plan remain largely
unchanged. However, the land uses within the plan area are modified as shown in Table 5 -2 of
the program EIR and shown below:
# designation of the Airport Area for 3.1 hectares (7.6 acres) of Medium- Density
Residential, 136.1 hectares (336.4 acres) of Services and Manufacturing, 20.8
hectares (51.4 acres) of Business Park, and 103.8 hectares (256.6 acres) of Recreation
and Open Space for a total Airport Area of 263.8 hectares (652.0) acres;
Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo
for the Airport Area and Margarita Area Specific Plans and 36 October 2004
Related Facilities Master Plans
EXHIBIT "A„
# designation of the Margarita Area for 71.1 hectares (175.6 acres) of Open Space, 10.9
hectares (26.9 acres) of parks, 40.4 hectares (99.8 acres) of Residential, 0.60 hectare
(1.5 acres) of Neighborhood Commercial, 0.40 hectare (1.0 acre) of Special Use, 17.5
hectares (43.2 acres) of Business Park, and 27.7 hectares (68.4 acres) of Streets for a
total Margarita Area of 168.6 hectares (416.4 acres);
# extension of Prado Road to Madonna Road;
# extension of Prado Road to Broad Street;
# construction of a roadway connection between Los Osos Valley Road and Prado
Road; and
# extension of Buckley Road to South Higuera Street.
Alternative 2
Under Alternative 2 the southerly boundary of the Airport Area Specific Plan is moved
slightly south at the Airport to correspond to County Land Use designation boundaries. The
airport is excluded from the Plan area. The total Airport Plan area is reduced by 39.0 hectares
(96.3 acres). In addition to changes in the plan area boundary, the distribution of land uses
within the plan area is modified as shown in Table 5 -3 and Figure 2 -5 of the program EIR and
summarized below. No change is made to the land uses or boundaries of the Margarita Area
Specific Plan.
# designation of the Airport Area for 3.1 hectares (7.6 acres) of Medium - Density
Residential, 204.0 hectares (504.2 acres) of Services and Manufacturing, 29.3
hectares (72.4 acres) of Business Park, 120.3 hectares (297.3 acres) of Recreation and
Open Space, and 8.4 hectares (20.8 acres) for Agriculture and Open Space for a total
Airport Area of 365.1 hectares (902.3 acres);
# designation of the Margarita Area for 68.4 hectares (169.0 acres) of Open Space, 22.6
hectares (55.7 acres) of parks, 30.3 hectares (74.9 acres) of Residential, 0.9 hectare
(2.1 acres) of Neighborhood Commercial, 0.40 hectare (1.0 acre) of Special Use, 27.9
hectares (68.8 acres) of Business Park, and 19 hectares (47 acres) of Streets for a total
Margarita Area of 169.4 hectares (418.5 acres);
# extension of Prado Road to Madonna Road;
# extension of Prado Road (in the Margarita area) to Broad Street;
# extension of Prado Road to Tank Farm Road; and
Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo
for the Airport Area and Margarita Area Specific Plans and 37 October 2004
Related Facilities Master Plans
`D EXHIBIT "A„
# extension of Buckley Road to South Higuera Street.
Alternative 3
Under Alternative 3, the southerly boundary of the Airport Area Specific Plan is moved
south along the length of the southerly boundary to correspond to County Land Use designation
boundaries. The airport is excluded from the Plan area. The total Airport Plan area is increased
by 70.5 hectares (174.1 acres). In addition to changes in the plan area boundary, the distribution
of land uses within the plan area is modified as shown in Table 5 -4 and Figure 2 -6 of the
program EIR and summarized below. No change is made to the land uses or boundaries of the
Margarita Area Specific Plan.
# designation of the Airport Area for 3.1 hectares (7.6 acres) of Medium - Density
Residential, 140.5 hectares (347.2 acres) of Services and Manufacturing, 132.0
hectares (326.1 acres) of Business Park, 117.6 hectares (290.6 acres) of Recreation
and Open Space, and 81.4 hectares (201.2 acres) for Agriculture and Open Space for
a total Airport Area of 474.6 hectares (1,172.7 acres);
# designation of the Margarita Area for 68.4 hectares (169.0 acres) of Open Space, 22.6
hectares (55.7 acres) of parks, 30.3 hectares (74.9 acres) of Residential, 0.9 hectare
(2.1 acres) of Neighborhood Commercial, 0.40 hectare (1.0 acre) of Special Use, 27.9
hectares (68.8 acres) of Business Park, and 19 hectares (47 acres) of Streets for a total
Margarita Area of 169.4 hectares (418.5 acres);
# extension of Prado Road to Madonna Road;
# extension of Prado Road (in the Margarita area) to Broad Street;
# construction of a roadway connection between Los Osos Valley Road and Prado
Road;
# extension of Los Osos Valley Road from South Higuera Street to Broad Street; and
# extension of Buckley Road to South Higuera Street.
Alternative 4: No- Project
As required by CEQA, this EIR evaluates the environmental consequences of not
proceeding with the project. Under this alternative, no specific plans or facility plans are
adopted for the Airport and Margarita Areas. The City General Plan would not allow urban
development within the Airport and Margarita Areas until adoption of specific plans. As such,
no further subdivision or urban development would be expected within the specific plan areas.
Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo
for the Airport Area and Margarita Area Specific Plaits and 38 October 2004
Related Facilities Master Puns
i
E)CH BIT "A"
The No- Project Alternative would not accomplish the City =s fundamental goal of implementing
the General Plan. The City evaluated the concept of not developing the Airport and Margarita
Areas for urban uses during the General Plan and General Plan EIR processes and consideration
of no further development is considered to be adequately addressed within these documents.
Effectiveness of Alternatives in Avoiding Project Impacts
This section evaluates the effectiveness of the alternatives in reducing the significant and
unavoidable impacts of the proposed project.
Impact LU -5: Conversion of Prime Agricultural Land to Urban Uses
Although Alternative 1 would result in fewer total acres of land converted, none of the
reduced acreage is prime farmland. Therefore, the. impact would remain significant and
unavoidable under Alternative 1.
Alternatives 2, 3, and the No- Project Alternative would avoid the conversion of prime
farmland. Therefore, under Alternatives 2, 3, and 4, the significant unavoidable impact of
conversion of prime farmland could be avoided. However, Alternatives 2 and 3 are not
consistent with the City's current urban reserve and greenbelt and Alternative 3 is not consistent
with current water, wastewater, and stormwater collection and distribution plans. Furthermore,
Alternative 4 would not comply with the City or County's general plan.
Impact LU -6: Change in Views
Alternatives 1, 2, and 3 would result in the same significant unavoidable changes in
views from a semi -rural landscape to an urban landscape in the Airport and Margarita areas as
the proposed project; development would still occur under these alternatives as under the project.
Under the No- Project Alternative, the General Plan would not allow urban development
within the Airport and Margarita Areas until adoption of specific plans. As such, no further
subdivision or urban development would be expected within the specific plan areas.
Implementation of this alternative would, therefore, eliminate this significant unavoidable
impact. However, Alternative 4 would not comply with the City or County's general plan.
Impact: Increased Growth and Additional Secondary Growth - Related Impacts
With the exception of the No- Project Alternative, the alternatives to the project would
result in essentially the same significant unavoidable growth inducement impacts associated with
the proposed project. Under the No- Project Alternative, the General Plan would not allow urban
development within the Airport and Margarita Areas until adoption of specific plans. As such,
no further subdivision or urban_ development would be expected within the specific plan areas.
Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo
for the Airport Area and Margarita Area Specific Plans and October 2004
Related Facilities Master Plans 39
0 EXHIBIT "A"
Implementation of this alternative would, therefore, eliminate this significant unavoidable
impact. However, Alternative 4 would not comply with the City or County's general plan.
Environmentally Superior Alternative and Feasibility of Project Alternatives
As described above, Alternatives 2, 3, and 4 (No- Project Alternative) would avoid the
significant unavoidable prime farmland conversion impact of the proposed project and
Alternative 4 would avoid all three significant unavoidable impacts caused by the project. As
such, this section determines whether Alternatives, 2, 3, or 4 are environmentally superior to the
proposed project, and if so, whether they are feasible.
Finding: The Proposed Project is Environmentally Superior to Alternative 2
Alternative 2 would avoid the significant unavoidable prime farmland conversion impact
of the proposed project but would not substantially lessen the other environmental impacts of the
project. Moreover, this alternative would result in additional significant and unavoidable
impacts associated with expansion beyond its current urban reserve, would not maintain an open
space greenbelt around the City, and would result in unacceptable levels of service at the Prado
Road/South Higuera Street intersection. Therefore, this alternative is not environmentally
superior to the project and the City need not make a feasibility determination of the alternative.
Finding: The Proposed Project is Environmentally Superior to Alternative 3
Similar to Alternative 2, Alternative 3 would avoid the significant unavoidable prime
farmland conversion impact of the proposed project. However, as described above for
Alternative 2, this alternative would result in additional significant and unavoidable impacts
associated with expansion beyond its current urban reserve, would not maintain an open space
greenbelt around the City, and would result in unacceptable levels of service at the Prado
Road/South Higuera Street intersection, the Tank Farm Road/Broad Street intersection, and the
Los Osos Valley Road/US 101 northbound ramps. Therefore, this alternative is not
environmentally superior to the project and the City need not make a feasibility determination of
the alternative.
Finding: Infeasible to Adopt No- Project Alternative (Alternative 4)
The No- Project Alternative is the only alternative that could avoid all of the significant
unavoidable impacts of the project and would not introduce new significant and unavoidable
impacts. However, the No- Project Alternative does not comply with the designated land uses for
the project area of either the City of County. The No- Project Alternative would not accomplish
the City's fundamental goal of implementing the General Plan. Moreover, the No- Project
Alternative fails to meet the City's basic objectives for the project, and thus is infeasible as a
means in of satisfying those objectives. The City, therefore, finds this alternative to be infeasible
to implement.
Findings of Fact and Statement of Overriding Considerations City of San Lais Obispo
for the Airport Area and Margarita Area Specific Plans and 40 October 2004
Related Facilities Master Plans
O
EXH03IT "A"
SECTION 6. STATEMENT OF OVERRIDING CONSIDERATIONS
Introduction
The program EIR for the project identifies the following significant and unavoidable impacts of
the project:
■ Impact LU -5: Conversion of Prime Agricultural Land to Urban Uses
■ Impact LU -6: Change in Views
■ Growth Inducement: The project would have a significant and unavoidable growth -
inducing impact.
For projects which would result in significant environmental impacts that cannot be avoided,
CEQA requires that the lead agency balance the benefits of these projects against the
unavoidable environmental risks in determining whether to approve the projects. If the benefits
of these projects outweigh the unavoidable impacts, those impacts may be considered acceptable
(CEQA Guidelines Section 15093[a]). CEQA requires that, before adopting such projects, the
public agency adopt a Statement of Overriding Considerations setting forth the reasons why the
agency finds that the benefits of the project outweigh the significant environmental effects
caused by the project. This statement is provided below.
Required Findings
The City has incorporated all feasible mitigation measures into the project. Although
these measures will significantly lessen the unavoidable impacts listed above, the measures will
not fully avoid these impacts.
The City has also examined a reasonable range of alternatives to the project. Based on
this assessment, the City has determined that none of these alternatives is environmentally
superior or more feasible than the project.
Alternative 1 would result in essentially the same impacts as the project. Alternatives 2
and 3 would avoid the significant unavoidable prime farmland conversion impact of the project.
However, Alternatives 2 and 3 would result in additional significant and unavoidable impacts on
land use and traffic that can be avoided by implementing the project. Alternative 4 (No- Project
Alternative) would avoid many of the significant impacts of the project, but is not considered
feasible.
In preparing this statement of Overriding Considerations, the City has balanced the
benefits of the proposed project against its unavoidable environmental risks. For the reasons
Findings of Fact and Statement of Overriding Considerations City of San Leis Obispo
for the Airport Area and Margarita Area Specific Plans and 41 October 2000
Related Facilities Master Plans
EXHIBIT "A"
specified below, the City finds that the following considerations outweigh the proposed project's
unavoidable environmental risks:
■ Provision of new jobs: The project would involve the construction of approximately
868 residential units for and create new construction and permanent jobs in the
project area. These new jobs would be a benefit to the local economy.
■ Provision of additional housing: The project would involve the construction of
approximately 868 residential units for approximately 2,015 people in an area
currently in need of additional housing. These new homes would provide housing to
existing and future employees in the region.
■ Provision of adequate public facilities for the region: The master facilities plans
for the project will ensure that there are no shoftfalls for water supply and distribution
facilities, stormdrain, and wastewater facilities.
■ Creation of open space protection: Implementation of the project would result in
the creation of open space protection, conservation, and restoration policies and the
designation of 494 acres of open space and recreation in the project area.. The land
use designation, together with the policies, will ensure that areas in the vicinity of the
City are reserved for future residents' recreational use and aesthetic benefits.
Accordingly, the City finds that the project's adverse, unavoidable environmental impacts are
outweighed by these considerable benefits.
Dated: October 12, 2004
Dave Romero
Mayor, City of San Luis Obispo
Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo
for the Airport Area and Margarita Area Specific Plans and 4,Z October 2004
Related Facilities Master Plan
EXHIBIT "Bn
Mitigation Monitoring Plan
The City of San Luis Obispo, as the lead agency under the California
Environmental Quality Act (CEQA), has developed a mitigation monitoring plan
(MMP) for the Airport Area and Margarita Area Specific Plans and Related
Facilities Master Plans project. This MMP is designed to ensure that the
mitigation measures identified in the program environmental impact report (EIR)
for the project, and identified as the City's responsibility in the City's CEQA
findings (State CEQA Guidelines, Section 15091[a][1]), are implemented.
Table 1 represents the MMP. For each mitigation measure, Table 1 identifies:
• the mitigation measure,
• the funding source
• the implementing party,
• the monitoring agency, and
• the timing of implementation.
The MMP is limited to those measures that the City of San Luis Obispo is
responsible for implementing.
Mitigation Monitoring Plan October 2004
Airport Area and Margarita Area Specific Plans and
Related Facilities Master Plans
Acronyms and Abbreviations
ADA
APCD
Caltrans
CBACT
CCR
CEQA
City General Plan
Corps
County
CVC
DFG
DTSC
EIR
ESA
mph
NO.
PM 10
RWQCB
SLOFD
USFWS
C EXHIBIT T"
Americans with Disabilities Act
Air Pollution Control District
California Department of Transportation
best available control technology for construction equipment
California Code of Regulations
California Environmental Quality Act
City of San Luis Obispo General Plan
U.S. Army Corps of Engineers
San Luis Obispo County
California Vehicle Code
California Department of Fish and Game
Department of Toxic Substances Control
environmental impact report
Endangered Species Act
miles per hour
oxides of nitrogen
particulate matter smaller than 10 microns in diameter
Regional Water Quality Control Board
San Luis Obispo Fire Department
U.S. Fish and Wildlife Service
Mitigation Monitoring Plan :rune 2004
Airport Area and Margarita Area Specific Plans and 2
Related Facilities Master Plans
O
m
co
CL
F
c
O
ig
m
.c
1�
-7-
y
m
U
0
.5
O U
w
0 a0i
e c &
r O a m =
3`° Qa
_
O d
O y
° C L
u
s 4 o cpa
O 0 < Q
..R, �F 0.R/i •OCN •C�Q
O y N b0 N
HN¢QO�CO 0
G O
ra ON
a s O G p N m
O T 0 = i. C
N
NU cm
d O D N O y O
A•�y�Tn..�3
C 3•��
,. 3
z
a
a�
N
U _
A� oLvx N o
ctRib3 mat�.c
NF. O CS'y •Cj
�l o 2 8 cot
79 w
3 °
o_
G. c=aLa
U y
U
iE
Sao va'0
C °
O �
U�
= m
m y
00
Ua
u �
R ,:y
a�
R
� w
O N
�z
� O
V 0
w
4.1
� R
a
Pi a>
O
C O
aPC
V a
� R
i�
Cyr
ow
u
'E
Q
;0 C
A a
aw
N
O
G
0
O
m
R
.j
x
N
d
'O
V
O
U
0
c o
m
h
00
h
CJ .a
c Q,
m y
O �
U .=7
v a+ N N
� •C� ,E o c
O O T
E. y G
C G L G.
.� � � C •U O
CC
cz
4 C r u
3 � -•
0 C
U G U
�b —Ems
^0�00�0
3 0
aXi
y E.
C7 O � CO y C
A G V N
V
V
n >
w N O
O y • � tU. O.
O N
u O m
D ° ° a 10
.a rn a 9 Cl 3
Exhibit "B"
T
c
m G y
LC b0 'O m
y
yr =
pCn 4Lwp
Ulm 00
c
N
V C
O
O O
ri a
c
U
U C
O
O
a na
b
b cn
N
R O N
zb o
y w
w 'J
C%1 0 O
O d N
y d
C u
R O U
3 �
L w
W � �
N � 4
r R
..Rn
Cd
PC
R
C
y r� °
O
U �
b
WUv �
oq
c
a
LN
M
tV
F
C
4=.
e
d
N
d
7 y
Q.
� O
O U
C G
N
y
m
C� O
N d
m
0
N �
W
G
0
:fl
N LbAi
O b
� U
C
C
N
d0
U
V
.fl w
0
c
aTi m
� O
O G
0
G
U
N U
Q � V
R b Cd
a a
O
ca .G c
d m •.»
■ ■ ■ s
oq
_
= T
O
to
C
R
C
° co
a
�a
a)
m
�
a
R
-
N
O T
at
E
cc
am.
LL
v
m
_m
Qi
Q
C (D
�
L �
C
co
7 O
LL, U)
c
O
ig
m
.c
1�
-7-
y
m
U
0
.5
O U
w
0 a0i
e c &
r O a m =
3`° Qa
_
O d
O y
° C L
u
s 4 o cpa
O 0 < Q
..R, �F 0.R/i •OCN •C�Q
O y N b0 N
HN¢QO�CO 0
G O
ra ON
a s O G p N m
O T 0 = i. C
N
NU cm
d O D N O y O
A•�y�Tn..�3
C 3•��
,. 3
z
a
a�
N
U _
A� oLvx N o
ctRib3 mat�.c
NF. O CS'y •Cj
�l o 2 8 cot
79 w
3 °
o_
G. c=aLa
U y
U
iE
Sao va'0
C °
O �
U�
= m
m y
00
Ua
u �
R ,:y
a�
R
� w
O N
�z
� O
V 0
w
4.1
� R
a
Pi a>
O
C O
aPC
V a
� R
i�
Cyr
ow
u
'E
Q
;0 C
A a
aw
N
O
G
0
O
m
R
.j
x
N
d
'O
V
O
U
0
c o
m
h
00
h
CJ .a
c Q,
m y
O �
U .=7
v a+ N N
� •C� ,E o c
O O T
E. y G
C G L G.
.� � � C •U O
CC
cz
4 C r u
3 � -•
0 C
U G U
�b —Ems
^0�00�0
3 0
aXi
y E.
C7 O � CO y C
A G V N
V
V
n >
w N O
O y • � tU. O.
O N
u O m
D ° ° a 10
.a rn a 9 Cl 3
Exhibit "B"
T
c
m G y
LC b0 'O m
y
yr =
pCn 4Lwp
Ulm 00
c
N
V C
O
O O
ri a
c
U
U C
O
O
a na
b
b cn
N
R O N
zb o
y w
w 'J
C%1 0 O
O d N
y d
C u
R O U
3 �
L w
W � �
N � 4
r R
..Rn
Cd
PC
R
C
y r� °
O
U �
b
WUv �
oq
c
a
LN
M
tV
F
C
4=.
e
d
N
d
7 y
Q.
� O
O U
C G
N
y
m
C� O
N d
m
0
N �
W
G
0
:fl
N LbAi
O b
� U
C
C
N
d0
U
V
.fl w
0
c
aTi m
� O
O G
0
G
U
N U
Q � V
R b Cd
a a
O
ca .G c
d m •.»
■ ■ ■ s
0
N
m
d
N
c
c
O
U
r
d
IW
on
c
p
U T
'C C
O d
Q
m
c
c
E
d T
ark.
£a
Ci Q%
'D L
"J' Q
GL !n
ti
c
C
O
m
.a
00
O�
O
.b
N
i.:
C
b
y
c
U
C
O
U
U
O
w
O
d
U �
N �
d
y ;S
c E
y d
�W
a.o
y cd
r h
c
U
eo
d�
w
0
O L
t
v w
C S
c
■
y
y
t0
cz
s
w
O
C
a
c
c
.b
0o
c
a
ca
E
■
Exhibit "B"
N C C N C O dC C C C
o y co c m 0
T •o lC N G C L .>
E �d o c'c m c c o e E=m �:a o N oy
U y E'EN U.� °L' ac°� v E cv °L' a°'E E a1 oov a
i
y ' T
c �p c a
C]o0 1U o0
I
c I c
O U pC
O O u O
i
i
V
u
y 0 y 0
lu
0. 0.
U C y "'.' y y N C .b O L7r O U O O
co`0 c Q �+ o c dQc=; L
70 C �"' G T a+ w e7 OL W o rz
c c o 5 c c b 3 a�i v •°-;
y'o o°
y N y U d C O cO d c3 -0 d 0 O
iuL O.. 4 m X ca O C 7 Z i C CU
m r- C y 0 0. c0 GJ C •p G C W h N w C y c .G R
lu c c o c y
c e °' o .S 3 to ° `—° avow c •- `° E .a c
QU z v o o'y o 0 T '� ° TU0.cy bo
v p j
' G. E Lam, 0 7 cC y 7 U 7 W y !' V N N .n .a
$ o y o � 0. � y a b � � � � � a c � 4) cc c c
= 'E - � -tau an r- y U 0 � 0.0 a� cJ
° h ro o c p rte! m ° r� y cu c r� o. y
U G. E � ��' 7 d y N E y ." . O •O A 0 c I E
,� y O U y .� C . j c� c� y `� >, •a 'C tLC •cy7 c0 °: •o U L
rJ' NN�++ 1eyd.. > i O.0 N d
*0 u i' •G oA d O C •fl O R bA C y •� R
no y
h E E E v c s c
Ojl
•a�N"; E E • — j O; m CO C O w
C Rt C O N 'Up W pU C E 'C �. CaC 'O V N cu E
> d 'C �; C >, °' 'C7 > ti •� aLi tt n. cOi '0 L:. c o y •J•
r/1 C •D O C w .�.� Q cC C .G a3 .O bA U
CJ O
LJ O .yr y N O .. b� •DO
W J y
y•7 O � 0
R rnO ■ ■ ■ Q�r-
17-6 .^.
2A .f. as at oa'E 3
U)
O
co
LIZ
m
CL
m
3
C
c
O
U
m
r
F
00
C
T
O U
"C C
�Q
co
C
c
E
� T
6 C
Ea
C U
U
C 7
LL [)
7
O
O
►�
I T
c �
c 6 ° d
rz
y O y •�
Oa GA 'O cUo
_N
a
U C 0.
w c p
cl 00
E
Q
U C
O
O
a` a
C
U
U C
0
O O
f� a
V
L O °
U
c •o �
v~Oi O C .L
a
O
0 I cc
cc
y I w�C�i
O
O C O
CW 00
A y AQ
C > A Qyi
PC
0 0 C. v
U G a cc cd
° •° 6 o
ow
� e FA ww
C c� TJ O y
y� ODy O
Goya
Gq U L �3
a�
c �
U
N �
b 0 O
cz to
3 � �
E �
� Asa
b o��
to W
4) Q 'o rz
o c '3
O C O
O CL
O a] m O
0 0 on
N W U
cC 'p ti C U
tU., S N •O OU
■ ■
■
ibit "B"
T
� c �
Cq o0'O cv
m
r3ci o a
w�nr c�
CaUaO
c
d
c
O
O O
CL m
c
N
U C
O
•y V
a` a
V
`o
o
N
O
O ��
>
ca
V V 1
❑"
N 61 '
N
O
N
C
°
ca o
FyFy
R
W �
_�'
p•,
j
N
N O
m y
t
m
U •lu
N
S
N
cC7 s.
O
C p„
E
U W
OU O
r
O
.d 7
V]
7
T
O
cr
10
td.
�
p
•�
N
O C'3
C
�
O
C
_
Li
e„ c
N
d
O
S
,fl U
3
CL
U
CV
=C
y.
O
cCd
.r
°� 0 3
G cy °
C
."
•�
C9
w
N
U
"
N
N x
W
W
>
b N C.
eJ O
78
p
�
�
�
o
o
�
■
■
■
■
I T
c �
c 6 ° d
rz
y O y •�
Oa GA 'O cUo
_N
a
U C 0.
w c p
cl 00
E
Q
U C
O
O
a` a
C
U
U C
0
O O
f� a
V
L O °
U
c •o �
v~Oi O C .L
a
O
0 I cc
cc
y I w�C�i
O
O C O
CW 00
A y AQ
C > A Qyi
PC
0 0 C. v
U G a cc cd
° •° 6 o
ow
� e FA ww
C c� TJ O y
y� ODy O
Goya
Gq U L �3
a�
c �
U
N �
b 0 O
cz to
3 � �
E �
� Asa
b o��
to W
4) Q 'o rz
o c '3
O C O
O CL
O a] m O
0 0 on
N W U
cC 'p ti C U
tU., S N •O OU
■ ■
■
ibit "B"
T
� c �
Cq o0'O cv
m
r3ci o a
w�nr c�
CaUaO
c
d
c
O
O O
CL m
c
N
U C
O
O O
a` a
`o
b o
O
O ��
>
ca
V V 1
❑"
N 61 '
�
N
y U
w •Ui
FyFy
R
W �
_�'
p•,
j
N
N O
o.
� U
I.U.,
'J•
c°
c C
N
c
c °
N
co
F•I �
CO
:c
y
CCp .
O c�
.�
�
p
•�
m
viw
O'O!
i O
N
4) O
O
S
,fl U
CL
C
°� 0 3
G cy °
■
■
G1 C w
LO
0
co
a
d
c
C
0
U
m
.c
C
00
C
O u T
'C G
� Q
oa
c
c
E
O T
EEy
c d
u
w 0
0
ca
N
rz
O
�5
N
c
0
0
a
0
a
Exhibit "B°
T
r C N
07
RS
R7
N O G
N N
M:)U.JO
i
c
U �
� O O
� a
I
i
C
u
F
• o
0 0
� � a
y w N 0
oj
k. E 3 d w ° o
ti v OC
to "� H '� ti p> o O A w c a s ?
.0 C C .D O ,� d •� c0 G O M o o .0
C O N fA •� N C ri" r, 0 0 0 0 y .. o w
C U c
��� ca 3 3 0 c = > c � C ai oo� o
N a
0
p p U o � �aw O .0 Nc
.0 ° ° C s w � a 3 0 ' o.V
y C' ai
C a .
c to a O .n u O >
O co 4.) co O c ay 3 c ) cz cz .0 a e0 o u o W t' ' it
0 a 0 0 C
o`ao E 0. U .a 4, N E N a s n E a
e. C_ E b p c o 00 > ayi
caw O ° u v O u O 'n
N fl c C o O
-E ELo� Zc ono o> =" c•apE�,�
? cd ,o c re c c c o c O r v c ti u U L
ct o s 5 y " "' v o n o c °O 6
� > ° C p0 Ok v � C O 3 O V O p V y= c w ' M ew
V
a d co N p c
. E o a > 0 o 0 o ccs .0 ca a C V '� d p N •� .�. 7 y •a o .a y c c 'J N C
O N Q r bW w•^ o•ri� �...
O C
y �s�� aci c n. a o� '� � a°i $ � rs 'tie y °�•y N�."c.° �a�a
:n w c •p � � 'O q > e>a .: *�„ O, .O '� ~ � .� � x C •9 � C
N N p J o w coc0a N N o > o _ t O y
> °.� cut o y o E a 0 U » p w N b u
p c O
0.
EE�,°,�co m ■ ■ ■ ■
UU 3 Nn y W~v
c
0
ao
c
.o
T
YI
R
a
d
7
C
c
0
U
m
a
m
H
c
H
to
c
T
O U
o �
00
c
c
d
E
O A
E
00
C d]
C 7
O
LL un
L
0
VI
R
cu
rz
0
m
y
c
cz
R x
b
�.00 C R c
Y Qi Y O
U
y � 'p
c = E s
7 Y
O o E
cc u �
6)
JO-) cd
O Cs CUi R
y to
Cc Q.
�sGL o
m
cc
3'e o
O C C
a
6) R
� o c •° o
.•T7 V = r � 67
40- cQi � s
00.
m 0 67 O U 67
dW d •j,,•" R >
E s
U3-0 03
c
>1
c
d'n�•Y
mo0`ov�
c
h N
O O U a 0
c
V oO
O
0. O.
J Exhibit "B"
c
d
U C
O
O O
o. n,
Y
T
cu
'0 p h 3 n R 3 a r
00 cYi N i c r�' .0 cG Y >. >> U f.. N 0
.a oRO O` aai r� c s a n t '`�1 a�i
G R
c
co U 0 O cz
U 0 O Y
U YR O ;� cYd p ` G1. y ,y
o s o °' c c k +.: > t is -� > 'Q
o y.
V bA N 000 ti R 6) Op
p a c 0 c e •C ° 'c, c ae°i 'C E 3 •D ° :6
0 0 0
� 7
h 7 rLi .b •r, p 67 •� A ' V C
0 W 6) 0 U eC 6)
y 6) .p
a h E cv °� Q�`�° w'ao3
_ _ _
is C v 7 r.. U H C O .-. 6) 3 y .d v ° O R
" a R c o °x' ° E a3i s o c c `° �cu
O U w
•� 0 v 'V y O V C C p N N
o bYo R
t� o
607 > 'E C 0 R C' O 6) 'E 0. .CO u W W 0 z i R
L c 00 �y w. 7 '.'1, N O
Q " 3 U /.� 5 U �, O 0 W co O >. R R c
LQ 'ti m Op 04 •� N O •" • � �n � � 'C y •tYC U
a,? v ors s c o.° w b°° >'o o
Mw
2
cc
❑° o' ' e0 C y O s 00 C' y , c C° cyd R Vi v] y y D 7
d `� Z 3 ca E> E fY E .W. CQ* E E w
en
O o
�I L
CO Gr,
W
ca
6vL
Q
PC
^Q
.I '1
W
s�.
i
d
L
b
LO
0
°
CO
CD
a
v
N
7
C
C
U
m
H
co N
c
c c M d
=
E o N
F
CIO "D R
b0 C
cc
O N w O
c O d
� Q A U J O
bn
c
c �
� a c
c
00 �
O
C 7 n
LZ un G
w
°
O R C C U CA r ...y C R ++ 0 LL
Cvtiw�. ^acv �oFE,, >�
aa E ds ca
0 >,
bLn in N b0 y L y a .D ca
V] N U Cn '.:. 7 U y
'� cU s y
R `'
O > lu U �
U U 'O L w O
� o o w �W 4 m -coo 0
R N C .. L b0 (n ++
0 LL
V O
C r R O V) .-r R
O o ti > o
0 ° wb 0 w O ai a a > N CR,3
o� f
° cc
o ns N s .a + 3 ° o �a > u
0 o Q °
0.P a ' - E o E c � � a e Ca
o °
0 E
o M a
p; t, a (L) > y oy°n ° ° cu 4)i 3 N E! 'i eca
L p 4 a4 D � 0 0 d p y 0..,. a
'o E N 0i sEmE.o
.a
�EC •�
�° v
y3 ; � N A � y h .0 0 C �A � En
ca O. > ��
tu�
0 o _ 'C
ca
C Exhibit "B"
O
w
° u o
N >>'0
O U C
C w
R
3 0 c
C R w
°s v
O ,?; w
V a •y
v y
0 p, a�
w
aai s �
•S' N O
o
oCIO
U O
o °¢
c
cu
a
c
O
pU
N
c
O
U
W
W C4
� o 0
a� V)
C� =5 a A
0
•O
C
0
c
C
N
Vi
s
as
O
a
T
rn
R c �
� 'o a •a
❑ �._
W 00'O R
N_
e a,
R
AAwoO
c
c
U O
O O
C� a
c
v
U C
O
O O
d
0
O
N
a
N
V
w_
0
h
a
CO
H
1�1
L
COMM
y
u
}w
W
v
7
O
O
OG
c
O
N
E
3
L:
0
0
V
a
'o
a
a�
s
Q)
C
d
a
CV
s0
a�
a�m
T
CR C
w° ° 3
� y v
F0 b0 � R
C
R
0
AaU..I
e
V C
O
0 d
a a
c
d
U C
O
�O O
0. 0.
Q%
L_
cc
y
aoi
0
4H
ICI
t
0
L
A
C
a
ti
O
W
v
> O
y y a
.0 'r
C 0
O
O � G
1 0 'y
°n .
-0 'E Cd
L W
A b �
o c
cn ,V J
2 0 0
�y N o
>
U •p y
N
y CC
O
ate
d
a y U
n. 3 �
m
7
C
°
U
a
H
LO
T
w
°
r-
(D
Of
a°
F
C
C
.0
o U O
0
�Q O
G
.c
E
N
E �
n.
on
C U
7 O
W ti
D
cc
C
O
R
a
tz
v
Q3
C
U 0.
•b O
N 0.
a�
C
.4
o a,
G >
,O R
�s
R o
G
�.0 U
V
o •�
R N
s �
N �
N
�> y
N �
0
N N
U
V
0
cd
°
0
E
°
E
T �
G G N
R y
N N
pa bq b cUa
G
R
CA
o a
N N
AOU.a0
c
U G
O
O O
L L
a. a
c
V �
'O O
fi a
%' wN
R
L N
o °
�o¢E
�oy'+CC m
ao°"ci]N
°y�� COW W o•D'C
Q 'h
ago � � � 0
� y.� 0�3 ov-
8 —y °�v' o
E�o�oL�v�°O•..ro
7
-0 m
IOU 7E RS. C GL •LZ V
t E
y U C N N
ccyz?�
en
•� o ao'L•
0 N
C
O
b
as
�Oyy
T
G
C] tap •b m
C
R
h
ce O d
N N
AOU.�O
c
U G
O
O O
o; $
C
v
U C
O
60
ci a
N
N
N
y C �
3
w � O
p Ca ro
� = O
o �
a
a � �
� s o
:r3>
c o
o N
U .0
3 00
Q C C
�0
a a�
d
4) 34 N
U
� � o
Cq F U
`�D Exhibit "B"
L
U N
N '? a
o ? .°
to c o 00
r. C7 O N
,E! E
U d C C
y O N
E
o •E .�
0
C6
c c
o ;: w Q.
'; 0-- 0
U rw •c
y o
3 c °
O CV
U.
E' O C
M:R C m
C
R G N
as ew •O R
C
R
O 4
N
E_T., ...
A :UFO V'
tu
0
U G
O O
� a
c
v O
O O
ci c
N � N
� L
N
cz = ❑
N C
R w .°
•p N a.+ YU 7yi
Ol 'b y
>>� O C N C
e s b p
r-
0
to
r.
lu
cu mo
�a3: �7�7�7p 93.
R E y
'fl '.�• t8d c ° y � .� a.
0CIL. c
a °)
> •C
„tea
a 03�cu Q
o
fAw..S nLi. 3 7 e>0 v
w
°
C
0
U
C
a G
G
R
0
4A •
U�
U GO
O O
� w
c
U G
O
O O
a a
tu
Q
to
N
N
R U
w 0
a 12
cq
y
•o •b
..Y
C C
0 3
w �
y
�L"
a
a�+ • i
ws
p c
� u
y L
e�
R
~ C
F+
0
co
m
O)
(6
a
m
C
C
U
n
Exhibit "B"
b
CC
0 �bC O .N O cam+, n. cC C
c a� C '�j 4 y p >> C-0 N C cd •0 f7
N d R t
3 u
04
c ti
0 04 Z o
�Q O u
rz
oq
c
C
4 C •z
O cd
E a U U
I
N
c aci o
C v N O h U
c 7 O O a"i C (U
riGO f% n� R cob
s c v s I
E
3 • D c F cz a�
3' N n o
�.-�aE a� = a� =scan �.r�0
.0 'C y V y b y .0 c "n 7 d CZ
L C C
010 r
to C C ~£ 7 y V t: y
N° y Cd N C 0 �" ti "' y � � a Ld h O C
0
to O c a) ,N 3 0 cd O O cd N 0 y '�' ti pp L N ��
cz
ma
00. 5 E d e= 0 0 .5 0 yN cu Q c
OA .O a) �y>1 to
p 05 ° c °_ a� o .3 3 s a a' U
� E A y
liz
°aE ma,c�m°p°
X CV y' y = �= b=0 '� .O O � •� r: 7 O 3 'J 'b L � cd a)
oyo = r w
=O °
t R� a N �c+ E •3 � c ,°c � v � a�i •y •y°; o •� 'C 3
O
o��Lao 3'E a -0 r- a°i h o.
oj Y s .r O
w h o oU ° o O 6 °°'E E o 2
ca, •D 0. 0 a N Q> H y b
O
d y y .r O U = C 0.^d cu .; V1 C
cacp a�i°�'°'o��x3 -0 0 3�C.4
OE •V i� �V 'aq 4tl 'A - � (fin •= 4A 4/ 4. � � w4 4. �l V � (d
ca E y e a boo
r- ej d
0
ca ca
to
e e e e
LO
0
C1
fQ
CL
m
c
�c
0
U
r
d
H
r-
0
N Z
�+ U
C Cd W
C
•O N
� C
H 3 A v
on c
c c�
N
•C ._
y0 U O a 6
• ❑ J
0 0�a
¢ V.aOvAO¢
i
00 I
= I
� C
v
U
C
G O d
z
� a a` a
c
r- _ c
bu �0
fy 0 0. a
o.x
C7 N o
c ° ° 1 _
O i.. '� M ULis
O w U a y V ab 0
° c o o c w T ca
c v � x•9'0 = = oq
O Q rn tOr O C
.y a
p O •p0 O
rz
°
a bA •N �
ia�
� 'E •n �, � :n o U F
5Z >,o�aCUw
U C 'C O D Q w
N
.o . °_ oc c N y n c
O C 0 U n w °
c�
N
9xw E nF c °0
O' bO O
O U O 7 C.•C a_
rd m
0 cc
c NU �Qvi " N
�+ U t^Ur 'O y U 4a y
U�gE
U .L•+ .� U '� G. — C U .0
a�w a
3 c Cn
E y° w
c-0 U v
E .0 < ay
<Z b hoc v o.U. E
Exhibit "B"
0
.y
U
C
N
C
A O
m
[n N
U.�0 0<
d
U C'
O
O
a a
c
d
c
0
a c.
C
3
�c
L
e3'3N.
as
M
.. u
E
O T O V O y
E
4.
d
b
d .p'
OWQ a w 0 O 'CU'
>,
U
°
Q.
°p+ '° tj
� •� a� � 'oo
e
°
m
o
E°
d
m
U
a �^_ °b
'U
'7
°
m
° O
c•
y L N L
>
3 •°
cr
N
y cF.,
V
o
�
°�
�
�
3°
> > "vE y
OD
L
w
C
'�
C C
U 'U" y
%Z
C
E
O
•E
d
° C
y (6 .E _
O
E
a
bO
r
O °
O
fYy C
N
C"
y
°
b
y
y .U.
cz
p •" O" L U
W
Ca �
E
cols, s o�
stn (U °
Qr s
T
*0
W �' CNi N 4) aj
E6 4
&
y
�
❑
`°°
a �
°'
E
— cl
U c
•E °'
""
�
o
o•�
c. °:
°' 0 0 w o 000
°b
a�
eei
LO
0
O
0
ca
T
c
a
m
c
c
O
U
r
m
a
`W
r
m
c
�E
F
to
C
p T
U
'C C
O
Q
bD
C
C
U
E
N T
aC
� G
oA
C d
C 7
o
U. vz
:?
0
N
d
0
.J
.y
K�
Exhibit "B"
cu
O O C
c o n° E t. b a C N
=op "0 c°i� o °� o °� pa
CU
V N N C V cC W �jr L p iN..
a ty ° m m ° c .. m ° o p, p v s
ooE a °� �ca m�, E Noo cd o
ro 4 U t
�' 3 H O y •II > .y N p p N > p ca
e� y
4; "C > r °^ o '`a c °�' °' „° � E 6 t a E y 3
= d V '«•� O bq O •� eC R y cc
N
en — E
a N d
:b p E O p w N U
o ca b� C
3 C y N •O bA p C cd
adi .5ma° o c a0i° cG o•t -
cz
co cl
3 d a> 3 ^a y v " E 3> 06 jD ti
cc
cz
r C•N b U.> o h^.
° = a SJ. h a O -� � p � be3 0 •O c E ° Q w oq .o.0 ,• o
F D A N cd C _ o oO
'° U G N ° c ° 'p u a ^ ° • s 3 C x y pN C 0 0 a 4 c a. p ai ce ca ea y p oo Q 0 r. 3
0
o .0 S •o � y � a .- ao � '� d = � � a � ,� w .E •0 3 ° o a .o
a'o oyn o :: ca �'E sod
U o> h E 3 k `�, N o N a N c
•°o cu a=i :: E o. 0 3 c ;; Z E y _ > y ° aci ` v a°� cvc
� N == ca a E a>> > ° p a :° na v ° c>e c C ° o o C 3 0
o: X033 � .,� cn E3 C;5mm Uac .�ca U_..a.,o.. v3i�
0
N
O)
d5
m
7
C
C
O
U
r
m
a
00
C
F
W
C
O
O U T
O U
to
q
C
E
a�
E
G, U
U
LL V]
7
O
cc
to
►-6
O
ti u
V
=2
C•c
O
b E
O
b o
N
C O.
O
o
Iw�.^
Y C
C
O y
a a
o 4)
yamy^^
�W
•o
o -o
N O
ti
b
N
7 O
u O
O C
W U
•� V
O
a
> L m
(� N cl
O
O O y C
.+ p
L
N
3 .0 rzb
C o
ca
a�
N
C U
O
y t p 00
'vgc.c
Lu
O Q b0
n.
W U O w
O .0 O v
U
C �
oE56
c o
O p C
O
¢5v
O
DO
C
•C N
= C
A v
6
o a
c
d
C
O
a
C
N
U C
O
O O
L� a
e
t
C � U
N
ApC.E`oQa,
eE
V)
O G.
UaO
c 0
00
N
U .j
C a
td N
00
U
3 z
O C
•V
C
C E
� O
U
E
4TI •b �
U C O
o �
C >
u
V
N
b0 O w
y O
CS,'9 ��• U
cd
L
a) U
E 4°• 0
.y C
� O
N .O
N y
00 c�
,..LL
Exhibit "B"
C
O
b0
C
•= N
A �
C
V]
O C.
U:'.1O
c
d
U C
O
O O
r..
U C
O O
G� a
Q
O
z
N
C
E
.T
U
0
L
cm
Cw
E
N
C
�5
F
C
m
C y
r �
O U
F. C
z °w
N
O
iw
rA
T
N � y
•0 O
W
J
�o
C O y
L
� s �
m 4)
c
y M
b
CU
NNNE
-
E
ai a
� cNa
p.•C
'fl
E U end
ro '0
w
00
N
.d C
T• d L
T p O
0.
0,.� y y v
0.
N U L
� •N
N
C N
�{•qi � �
� C
O
V ;
4n
•y
�1 Cd
��+
o n.•y � 3
o y o
0. O C N p
pn U a
Uv 0
Uow
>
y
C
O
10
v
_
fl
V
'o
ow
d
N U
Or
U
d
E
a
N
o
W
GM
>
,�
.O >
V
L
cn
a
e
t
C � U
N
ApC.E`oQa,
eE
V)
O G.
UaO
c 0
00
N
U .j
C a
td N
00
U
3 z
O C
•V
C
C E
� O
U
E
4TI •b �
U C O
o �
C >
u
V
N
b0 O w
y O
CS,'9 ��• U
cd
L
a) U
E 4°• 0
.y C
� O
N .O
N y
00 c�
,..LL
Exhibit "B"
C
O
b0
C
•= N
A �
C
V]
O C.
U:'.1O
c
d
U C
O
O O
r..
U C
O O
G� a
Q
O
z
N
C
E
.T
U
0
L
cm
Cw
E
N
C
�5
F
C
m
C y
r �
O U
F. C
z °w
N
ri
N � y
•0 O
.o E
�o
C O y
L
� s �
m 4)
c
y M
CU
NNNE
-
E
ai a
� cNa
E C U
E U end
ro '0
00
.d C
T• d L
T p O
0.
0,.� y y v
0.
N U L
� •N
N
C N
�{•qi � �
C C
� � vY
4A
V ;
4n
•y
�1 Cd
��+
o n.•y � 3
o y o
0. O C N p
pn U a
Uv 0
Uow
LO
0
°
N
m
O)
co
m
C
C
O
U
d
H
Exhibit "B°
ea
C
.a
F
00
c
p T
O O
Q
00
C
.0
d
E
� T
E �
`. n
ao
O i
C 7
7 O
LL V]
V
N �� O .b� R1r C C cu
y ° 3 ;;
c a c b on S a ra F " o
V
E v 3 -o � ° 7 ° ° p aci Uon
y
v•y� 5 o R cs �Z= ° Cci.o E v b o c
a� o ono 4° y C U`° °$ c a c y v v
C C p C •D O> N 0 V N ++ G y O 'y 0 y „� •^+ 'yam'
a� '� m N U S r� a on y > S U GO n (a
c n c c a o �s c? o
Q v (ya
.p y (y y M C y '� °' -8 :ma y. ° w y E y (U L Q q
w F w 'C 'D a0 N =
V d *0 0 ab i Cc on -W °
0 > 0 0 V
6 0 a L • j 4•bp77 0 70 •�
.•� C ° ° ` H d N •c = V1 Z 'fl �,° ° d . 'O y � 'd p C y y p ,� d 'V A U 'G b V
V> y >
O L 0 y Q R
•� C G O .0 N
.>
(C V N p > y U0 O O y >
0. y =,'= 4 0 0. C C en
••°� c% to i
c C
y y C c0 v1 y w L y Q• y p O .L; m O� 04 N •-� V„• O
ti V
$ i CV U •� 3� . ..: .� enn'ai�"cc �o �
C b N C �y t? O F �
p 0 y c y .'
Z yU Z Z on U Z �
'O Z y •.. >O •� �d .� O vVi ry y "'� ° p (0
u '� moo u 'c v y y Q V •X �' > Z o Z T Z bn h o
_ �" E CC V
tyC :4 •`. C Qa w y Q, • V_ C py y i. .r.+ i.
,41 E •p E .�'+ d U .'7'+ 7 C � .�. .+ .0 '� O U O
b �
° O .°y e U o U w° 0 e . u U c c U 0 .o E C.
c0i
u e ■ ® ® e e
•� cC . � p
S °c o.
LO
O
m
o)
R
.D
m
c
c
0
U
m
c
F
oq
c
U
•� c
ou
c
C'
E
a�
E
..a
C V
V
C =
7 O
0
m
0
40
►7
Exhibit "B"
i
jo T
� y
0] U R GA
to "a R
c c
U vU a y R v UY
C
'0 U.a0 UUW
I
i
I V
y O y O
o o 0 0
L L J• �
i
I
i
c c
y O y 0
j 0 0 O O
E id , s .. m y y a_ ❑ w C
w V c o p a V y o d :; c s
0 Ac 5 Q
O L d •co a °U N I w ❑ ° '� �'� - R V • dv �u y oc N
`o « N o R� Q :c .b `R
► O o o o Q o c b ¢ v L
0 L
_T
U Cy E O (n O V a 'b y t r .O ' O > R
C V . C
ca O •C .O
L 0 L � R R ° R ❑ 0 to
3 0 to
O
H y 7 N pp ti Ci. V eCa v c 3 .D y w y u w p ca co? }. ai ' a fet E s ° o a F R
V C op C C. •bp T O_
R •y
N O p cUa �..' L' O '^ o L V !' •� o R
ow o o pp �x C w 3 c�
L t.
a y w 0 m h O C .c o a d .0 cc 0
s� N O E
a�
U
Cc�7 L ` y O L =t v O O p_
° 4) � w '� n U v (%Q i7 o U c .o o U 3
9 CU Ki o e+i v c o a yw� s y.3 �� ; aai
c0 = R
Z •U rr h Z Z .D
�Z ; O C� y •C C a w O V ... O
E N y 8 aci.� E wy d= ab0i G td c" R nw o ^0 0 0 0�
`ao � apace so. ; .°; ro � .y •� o � o o w � '� .0 m 3
CO R � O
m o o f o 0 8 a V 0 -co o
OA U w a a> R` a n Cl '; a� v •v O a� N O cd �o y aci
■ s ■ N C w �� y� o, a 0 o E
.fir '��,
rl .0 Q. O t 'J Yr47 w U to ld G. lC
w
C v ry 'fl O
41 N R
G;•o�oE
e nay 3
.0 cd O R L
L° U •O -
C •„
O .T � c •O
� 4tl
x 3
R y
o .=
OD
'�, o
a
moo
'moo
U � y
o o o
a
0
v
Q7
Of
R
a
m
c
C
0
.a
m
H
to
f^
aw
C
C
O U T
'C C
O a)
CIO
Q
c
E
V T
C. L'
Ea
ao
_C V
V
7 0
w�
w
7
C
'V
►0
N
ca
W
U
c
0
O
U
R
c
0
L
ri
ri
O
R
E
C
O
Uc.
r
3
b
C
O
v
co
c
a
E
H �
L 3
3
•9 0
c pp
� H
oA
N
C U
O v
c y
0o
al �
3 c
c
0
O
•C U
0-0
a
7 UU
rl •lV
� o
N
yr. A
E
a, y
b ?_ 0 ti
y .0
U C >
Q� >
U N �
o go
U L
C:w CV
U
7
NU ooy
cc: m as O ca
aCi 4 U
cc aj
c
E
N cu c
.00 'o O U
U
O Pcl
>, C) O Y .
c a ap
rz
G7
c� °s
�C D c E
00 a)
Q
rz
00 o d .c_
o
O O
ri a
c
d
V �
O O
L L
a. a
•+ c
E ca
W C
U
C E
R cz
G E
Cd
PCw Q
o �
w c
y
y
7
O
R
a3
O
R C
a �
as n.
4A
d
a)
N9
w
ay+
o ^
0
L o c
O E
N
w
e
C
> 4> n o
ayi 3 ai ,�
p 0.OQ
c orw
� N 'D O
nL) a'
.0 •_ L
E o �
O co
U
> 0 E V
E N
y W R
O 0 3
to
i � •0 N
O i0, c C
bO.r «S R
O+w 'C
G
V C
O
ri a
c
d
U C
0
O O
a` c.
M�
V
U
r
L
7
0
a
L
0
U
L
R
3
0
w
00
'C L
y
� � 7
j° c
cz
� y
c °?
0<
U
� Q W
O
a)
w s vi
y 7 a
Ec �
0 o E
E
0
.a
a •� V
O0...R.
a�
U
aw
O N
0 ow
�>,`3"0
lu-aC4i�
V L
U �
c �
L.
a� c�
0. O
•E o
O «O
� U
0
L 00
d u
cn a>'i •3
L N
7 y
O
a
v y
O'
U c
■
Exhibit "B"
c •b
ro
5c to 's -C CU
N
ov�a�
O 'C
tu
co
x
s. b 0. O >>
3 >apjz
N
as cc W "
V
0 V Cp
O «+ U
O .. O .. m
� 4 N
>
> 10y x
W R u L L
V
'o
r
U
C
C
M
•h
N
a°
N
.Q
0.
V
w
T
v
c
a%
m
0
0 O
O
> a
o
ca y
cOUd U •C
CIO •�
o
C,O �o
c
E O
U m U .U+
R N
O .E o
a� •os
U .t1 N U
s
�! 0
� D N FU.
_T
y
U
c
y E
y
A U
C
4L1• m d'a a
Ca b U
C
e0
C
cd
O 6
O d
L
u a 0
uao
a, y
b ?_ 0 ti
y .0
U C >
Q� >
U N �
o go
U L
C:w CV
U
7
NU ooy
cc: m as O ca
aCi 4 U
cc aj
c
E
N cu c
.00 'o O U
U
O Pcl
>, C) O Y .
c a ap
rz
G7
c� °s
�C D c E
00 a)
Q
rz
00 o d .c_
o
O O
ri a
c
d
V �
O O
L L
a. a
•+ c
E ca
W C
U
C E
R cz
G E
Cd
PCw Q
o �
w c
y
y
7
O
R
a3
O
R C
a �
as n.
4A
d
a)
N9
w
ay+
o ^
0
L o c
O E
N
w
e
C
> 4> n o
ayi 3 ai ,�
p 0.OQ
c orw
� N 'D O
nL) a'
.0 •_ L
E o �
O co
U
> 0 E V
E N
y W R
O 0 3
to
i � •0 N
O i0, c C
bO.r «S R
O+w 'C
G
V C
O
ri a
c
d
U C
0
O O
a` c.
M�
V
U
r
L
7
0
a
L
0
U
L
R
3
0
w
00
'C L
y
� � 7
j° c
cz
� y
c °?
0<
U
� Q W
O
a)
w s vi
y 7 a
Ec �
0 o E
E
0
.a
a •� V
O0...R.
a�
U
aw
O N
0 ow
�>,`3"0
lu-aC4i�
V L
U �
c �
L.
a� c�
0. O
•E o
O «O
� U
0
L 00
d u
cn a>'i •3
L N
7 y
O
a
v y
O'
U c
■
Exhibit "B"
c •b
ro
5c to 's -C CU
N
ov�a�
O 'C
tu
co
x
s. b 0. O >>
3 >apjz
N
as cc W "
V
0 V Cp
O «+ U
O .. O .. m
� 4 N
>
> 10y x
W R u L L
V
'o
r
U
C
C
M
•h
N
a°
N
.Q
0.
V
w
T
v
c
a%
m
0
0 O
O
> a
o
ca y
cOUd U •C
CIO •�
o
C,O �o
c
E O
U m U .U+
R N
O .E o
a� •os
U .t1 N U
s
�! 0
� D N FU.
U)
CIS
CL°
m
a
a�
7
r
C
O
U
m
.Q
H
p T.
U
C C
O N
Q
bA
C
C
U
E
� T
E �
oL
C U
C 7
7 O
CL !n
Y
U
rz
0
ou
n
C
U
U
.O
O
•�
4
h
`20
o
T
L
v
•C
U]
U
O
U
0 5
to o
°T
-0
o
L
as
U •G
L
C
y 0
rO
—
°
E
to �
3 •�
U
'C s
v
�..
O L
O ca V
O p
O 47.
y U
EE C
a x
C.
in O
U U
17&n
N C
� O
^ V H
� 3 3
p a T
U
7 O O
H
yU, O CS
GO A r
3
3 �
b N C
UO O
U d-w
O
ono aCi 3
� E �
V
> O �
as s
O Exhibit "B"
I
i
CM)
LL
V
W
am
U)
Q
�Q
V
Z
w
CL
0
W
W
Q
M
HAfflo a I i Kim
C
d
�
> I
Q O Q.
Q
0
a0 c
L
v m
c.
d J
CL
O
�
*� O D
O
OU O
L
d E
O
U
LL
MEW
M40-54 MM
ffr-AK F
�
'�.
C �� � -�,
_ �:
RESOLUTION NO. 9614 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING PARKING IN -LIEU FEES
WHEREAS, Chapter 4.30 of the San Luis Municipal Code provides for the option of
paying a fee to the City in -lieu of providing parking spaces in the Parking In -Lieu Fee Area and
provides for setting fees by resolution; and
WHEREAS, after considering staff analysis and public comment regarding the
desirability of establishing a new fee category for Community Partners that is 50% of the rate
charged to others and consistent with the Community Partnership and Foundation Policy.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Section 1. A new parking in -lieu fee category for Community Partners is hereby
established for organizations qualified under the City of San Luis. Obispo's Community
Partnership and Foundation Policy.
Section 2. Parking in -lieu fees are hereby amended as set forth in Exhibit A, effective
October 6, 2004.
Upon motion of Vice Mayor Schwartz, seconded by Council Member Ewan, and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted on October 5, 2004.
ATTEST:
7�
Audrey per 0
City Cle
m vm v
Mayor David F. Romero
R 9614
Resolution No. 9614 (2004 Series)
Page 2
APPROVED AS TO FORM:
i& . Lowell
City Attorney
Resolution No. 9614 (2004 Series)
Page 3
Exhibit A
Effective October 6, 2004
Fees, _. _ - .__ _ ._
Couununtty
_ _Partners _
All
Others
New Construction. Per vehicle space required by zoning regulations
$5,831
$11,661
for the new construction and not otherwise provided.
Additions to Existing Buildings. Per vehicle space required by
5,831
11,661
zoning regulations for the addition and not otherwise provided.
Change in Occupancy Requiring Additional Parking Spaces. Per
1,458
2,915
vehicle space required by zoning regulations and not otherwise
provided. The number of spaces required.by the change shall be
difference between the number required by the new use and number
required by the previous occupancy.
tj
CDq>
0
RESOLUTION NO. 9613 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE COMMUNITY DESIGN GUIDELINES TO CLARIFY
ARCHITECTURAL REVIEW REQUIREMENTS FOR SMALL RESIDENTIAL
DEVELOPMENT PROJECTS
WHEREAS, on March 30, 2004, the City Council adopted an updated General Plan
Housing Element; and
WHEREAS, The Housing Element charts an ambitious course to expand housing
opportunities for all income groups in San Luis Obispo and its effectiveness depends, in part, on
timely program implementation; and
WHEREAS, Housing Element Program 6.3.14 calls for the City to exempt small
residential projects from Architectural Review Commission review to facilitate the production of
housing affordable to very-low, low and moderate income persons; and
WHEREAS, The Community Design Guidelines, that describe architectural review
requirements in San Luis Obispo, must be amended to implement this new program.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The Community Design Guidelines are hereby amended, as further
described in Exhibit A.
SECTION 2. The City Council has determined that this action is ministerial, as it
consists of policy implementation and does not constitute a "project" under Section 21065 of the
California Environmental Quality Act (CEQA) Guidelines. Consequently, this action is exempt
under CEQA Section 15268 and is not subject to environmental review requirements.
Upon motion of Council Member Ewan, seconded by Council Member Settle,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
R 9613
Resolution No. 9613 (2004 Series)
Page 2
The foregoing resolution was adopted this 5`h day of October, 2004.
Mayor David F. Romero
ATTEST:
9,
Audrey Ho er
City ClerMj
APPROVED AS TO FORM:
fQnqthf P. Lowell
City Attorney
EXHIBIT A
COMMUNITY DESIGN GUIDELINES AMENDMENT
Revise Chapter 1.2 — "Applicability of the Design Review Process" to read as follows:
When is Design Review Required?
Design review is required for all new development projects, except single family homes and
small residential development projects, as described below. Single family homes are required to
have design review in the specific instances listed below.
Some changes to existing buildings and site development are considered "aesthetically
insignificant" and can be reviewed by a planner at the counter. Other minor projects can be
handled by a streamlined application process known as minor or incidental review.
A. Single Family homes. Plans for a single family home need design review when:
1. Required for a parcel as a condition of approval of a subdivision, use permit, or other
discretionary entitlement;
2. A single applicant proposes to build three or more homes in the same area which do
not meet the definition of a "small residential development project";
3. The location is a "sensitive site" (see subsection E below);
4. The scale or character of the proposed dwelling contrasts significantly with adjacent
or neighboring structures;
5. A required covered parking space is converted to another use and replacement
parking is proposed.
B. Small Residential Development Projects. The construction, rehabilitation, or
remodeling of up to four dwellings is exempt from design review, provided that the gross
floor area of individual dwellings does not exceed 1,200 square feet. The Community
Development Director may require minor or incidental architectural review where
necessary to achieve the intent of these guidelines.
C. Aesthetically insignificant projects. The Community Development Director may
determine that a new small structure, or a change or addition to an existing building or
other site feature, will not conflict with the objectives of design review due to its size,
location, form, materials, or colors. This determination will be noted in the building
permit file, if one exists, or in the site address file.
D. Minor or incidental projects. The Community Development Director may determine
that a project such as sign, building addition or remodel, is minor or incidental to a larger,
previously approved project. Plans for projects which an applicant believes are minor or
incidental are submitted for staff review, along with a design review application and fee.
The Director will decide within about 10 days if the project is required to be reviewed by
the Architectural Review Commission (ARC). The Director's action may be appealed to
the ARC.
E. Sensitive sites. The Community Development Director, Planning Commission or City
Council may require design review on certain "sensitive sites." A project site is
considered sensitive when:
1. It has been designated through an "S ", Special Consideration, overlay zone, use
permit, or a condition of a tentative parcel or subdivision map as a site with special
development concerns;
2. It is located adjacent to Laguna Lake, a creek, or designated sensitive hillside;
3. It is a property included on the City's Inventory of Historical Resources, or is near
a historic resource where the development might adversely impact the historic
resource; or
The Director may ask the developer of a sensitive site to use a multidisciplinary design team,
including architects, engineers and landscape architects, to ensure appropriate site
development.
F. Demolitions and moved buildings. A request to demolish a structure that is listed on the
Inventory of Historical Resources may require review by the ARC. The ARC also
reviews permits to move structures from one site to another within the City. See
Appendix A to these guidelines.
G. Other projects subject to ARC review. Sometimes a development project (for example,
a subdivision) may need several different approvals by both the ARC and Planning
Commission. The Director may refer certain projects to the ARC prior to Planning
Commission review, to address basic site planning issues early in the process, and
minimize conflicts in project purview between review authorities.
The City's zoning regulations enable the ARC to approve use permits for minor site development
exceptions. This streamlines the planning process by reducing application fees and the number of
hearings required for a project. The ARC also reviews City projects, including municipal parks
and public spaces, streetscape enhancements, and street furniture.
eIZ 0 0
r�
RESOLUTION NO. 9612 (2004 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN EXPENDITURE OF 2004/05 LOCAL LAW ENFORCEMENT GRANT
FUNDS AND APPROVING A CITY MATCH FROM THE GENERAL FUND
WHEREAS, the Federal Omnibus Appropriations Act, Public Law 104 -208, provides funds
for implementation of the Local Law Enforcement Block Grants Program to be administered by the
Bureau of Justice Assistance (BJA), U.S. Department of Justice; and
WHEREAS, the City of San Luis Obispo is eligible to apply for the amount of $9,800 from the
Local Law Enforcement Block Grants Program; and
WHEREAS, as part of the application process, an advisory board was established to review the
funding recommendations, and has provided non - binding counsel for the use of funds by the City of
San Luis Obispo; and
WHEREAS, a public hearing was held on October 5, 2004, to receive public input on the
recommended 2004 /05 Local Law Enforcement Block Grant expenditure plan;
NOW, BE IT RESOLVED, that the City Council of the City of San Luis Obispo approves the
expenditure of $9,800 in Local Law Enforcement Block Grant funds for technology, equipment and
training to enhance public safety services and approves the appropriation of required matching funds in
the amount of $1,089 from the General Fund, and designates the Police Administrative Analyst as the
grant Program Contact authorized to complete the Local Law Enforcement Block Grant on -line grant
reports and processes to meet grant requirements and authorizes the Chief of Police to execute all grant
related documents.
Upon motion of Council Member Settle, seconded by Council Member Mulholland,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 5`h day of October, 2004.
e,�
Mayor David F. Romero
ATTEST:
Audrey Ho
City Clerk
R 9612
Resolution No. 9612 (2004 Series)
Page 2
APPROVED AS TO FORM:
Jonithwf3. Lowell
City Attorney
}�f'tc� � O
RESOLUTION NO. 9611(2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN EXPENDITURE OF $100,000 FROM THE 2004 -05 STATE BUDGET TO
CONTINUE FUNDING PUBLIC SAFETY PERSONNEL
WHEREAS, the adoption of the 2004 -05 State budget, includes continuation of AB 1913
which established the Supplemental Local Law Enforcement Fund; and
WHEREAS, AB 1913 appropriated $100 million to supplement local law enforcement
budgets; and
WHEREAS, the City of San Luis Obispo has received $100,000 from the 200405
California State budget as granted under AB 1913; and
WHEREAS, the funds may be applied to projects and front line municipal police services
which are in existing budgets but are under - funded; and
WHEREAS, a public hearing was held on October 5, 2004, to receive public input on the
recommendations for the use of these funds;
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo
approves the expenditure of $100,000 as received from the 2004 -05 California State budget to assist
in funding Public Safety personnel, and authorizes the Chief of Police to execute any grant related
documents.
Upon motion of Council Member Ewan, seconded by Counci 1Member Mulholland,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and
Mayor Romero
NOES: None
ABSENT: None
the foregoing resolution was adopted this 5`h day of October, 2004.
Mayor David F. Romero
ATTEST:
Audrey HoTer
City Clerk
R 9611
Resolution No. 9611 (2004 Series)
Page 2
APPROVED AS TO FORM:
Jo than well
City orney
T(Df L� •
RESOLUTION NO. 9610 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING SETTLEMENT AGREEMENTS FOR
FOOTHILL BRIDGE EASEMENTS
WHEREAS, the City Council authorized eminent domain proceedings to obtain
easements for the construction of the new Foothill Bridge; and
WHEREAS, staff has negotiated settlements with the affected property owners to wit:
Sierra Vista Hospital (Tenet Healthcare), Select 6 Income Properties and Stan Mark LLC.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the settlement agreements, attached and incorporated herein as Exhibits A, B and C,
are hereby approved and the Mayor is authorized to enter into said agreements on behalf of the
City.
Upon motion of Council Member Mulholland, seconded by Council Member Settle,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 21" day of September, 2004.
Mayor David F. Romero
9
Audrey Hoo r 4
City Clerk
APPROVED AS TO FORM:
Jon tha Lowell
City torney
R 9610
-
du'j-.Ch ,
U�)u D 0 0
rJ11
SETTLEMENT AND PURCHASE AGREEMENT
S
is Settlement and Purchase Agreement ( "Agreement ") is entered into as of this R // day
of Jne, 2004, between SIERRA VISTA HOSPITAL, INC., a California corporation and SIERRA
VISTA HOSPITAL, INC., a California corporation, doing business as SIERRA VISTA REGIONAL
MEDICAL CENTER ( collectively "Owner"); and the CITY OF SAN LUIS OBISPO, a Municipal
Corporation ( "City° or "Its'.
RECITALS
A. Owner is the owner of that certain real property located within the City of San Luis
Obispo, San Luis Obispo County, California, also known as Assessor's Parcel Number 052 -181-
019 and 052 - 181 -022 ( "Real Property").
B. City desires to purchase permanent and temporary construction easements in,
over, across and upon the Real Property, hereinafter referred to as the "Easements ".
C. City has the power of eminent domain pursuant to the laws of the State
of California. City has initiated an eminent domain lawsuit against Owner, identified as San Luis
Obispo County Superior Court No.CV 040182. City and Owner have reached an agreement by
which City shall acquire the Easements pursuant to the terms and conditions contained herein.
D. City desires to purchase the Easements from Owner, and Owner desires
to grant the Easements to City on the terms and conditions contained in this Agreement.
NOW, THEREFORE, for valuable consideration, and subject to all terns and conditions
hereof, City and Owner agree as follows:
1. PURCHASE AND SALE..
Pursuant to the terms and conditions contained in this Agreement, Owner hereby agrees
to grant the Easements to City and City hereby agrees to accept the Easements from Owner.
2. PURCHASE.PRICE.
A. The purchase price ( "Purchase Price's for the easements shall be NINETEEN
THOUSAND and NO /100 DOLLARS ($19,000) plus interest, payable by City to Owners in cash
within the period of time set forth in Section 2 (C) below.
B. Owner shall have executed in recordable form the Grants of Easement ( "Deeds ")
attached hereto as Exhibit A and deliver said Deeds to City within ten (10) days of the date of this
Agreement is executed. City shall execute a Certificate of Acceptance of said Deeds and deposit
them with the County Recorder for recordation within ten (10) days of the date City receives the
executed Deeds from Owner.
C. Within ten (10) days of the date City receives the executed Deeds from
Owner, City shall cause to be filed with the San Luis Obispo Superior Court a Petition for Refund of
the deposit on file with San Luis Obispo County in this action. Said petition shall request an order
from the Court that the $19,000 previously deposited by City for the benefit of defendants in the
eminent domain action be withdrawn from the deposit and made payable directly to City, in care of
its counsel at the address indicated in Section 8 herein. Buyer shall pay the purchase price of
$19,000 plus interest to Owner not later than thirty (30) days following Buyer's receipt of the
executed Deeds.
3. REPRESENTATIONS AND WARRANTIES.
A. City hereby represents and warrants to Owner that (i) it has the legal power, right
and authority to enter into this Agreement and the instruments referenced herein, and to
consummate the transactions contemplated hereby; (ii) all requisite action has been taken by City
in connection with the entering into of this Agreement and the instruments referenced herein, and
the consummation of the transactions contemplated hereby; and (iii) no consent of any other party
is required.
B. Owner hereby represents and warrants to City that (i) it has the legal power, right
and authority to enter into the Agreement and the instruments referenced herein, and to
consummate the transactions contemplated hereby; (ii) all requisite action (corporate, trust,
partnership or otherwise) has taken by Owner in connection with the entering into this Agreement
and the instruments referenced he and the consummation of the transactions contemplated
hereby; and (iii) no consent of any other party is required.
C. The project for which City requires said temporary construction easements is the
Foothill Bridge Replacement Project. City's contractor shall carry general comprehensive
insurance having not less than One Million ($1,000,000.00) Dollar coverage, and said contractor
shall be bonded for performance.
D. In the even that said Real Property is damaged during the construction of said
Project, Owner shall notify City within seven (1) days of said damage and City shall cause its
contractor to repair said damage as soon as is reasonably possible.
E. The City agrees to restore the subject property to its existing condition as is
reasonably possible upon completion of the Project.
i 1
Owner warrants that there are no leases on the property.
G. This agreement between Owner and City is subject to approval by the City Council
of the City of San Luis Obispo.
4. INDEMNIFICATION.
City shall save, defend, indemnify and hold harmless, Owner, its directors, officers,
employees and agents, successors and assigns (herein collectively called "Indemnified Parties ")
from and against any and all suits, actions, legal or administrative proceedings, claims; demands,
actual damages, fines, punitive damages, losses, costs, liabilities, interest, attorneys fees
(including any such fees and expenses incurred enforcing this indemnity) (herein collectively called
"Damages ") arising from the construction of said project. The covenants set forth in this Section
shall survive delivery of the Deed.
5. DISMISSAL OF EMINENT DOMAIN ACTION & RELEASE OF LIS PENDENS.
City shall dismiss said eminent domain lawsuit upon recordation of the grant of easement,
and City shall record a Release of Lis Pendens.
6. RELEASE OF CLAIMS.
Owner hereby releases and forever discharges, on behalf of the Owner, and its partners,
affiliates, creditors, successors, assigns, heirs, executors and administrators, the City and the
City's Council Members, and Citys employees, agents, contractors and affiliates from any and all
demands, claims or causes of action against the City of San Luis Obispo arising out of or
pertaining to the acquisition of the Easements in Owner's Real Property, including but not limited to
any claims for just compensation, litigation expenses, attorneys fees and costs including, but not
limited to, costs incurred to defend the lawsuit, statutory relocation assistance and/or benefits, loss
or damages for inverse condemnation, unreasonable precondemnation delay, or unreasonable
precondemnation activities. In giving this release, the Owner and Sublessee waive the protection
of Civil Code Section 1542, which statute provides as follows: "A general release does not extend
to claims which the creditor does not know or subject to exist in his favor at the time of executing
the release, which if known by him must have materially affected his settlement with the debtor."
GOVERNING LAW.
This Agreement shall be construed and enforced in accordance with the applicable laws of
the State of California.
8. NOTICE..
All notices or other communications required or permitted hereunder shall be writing, and
shall be personally delivered, sent by national overnight courier service, sent by facsimile
transmission, if also sent by one of the other methods provided in this Section, or sent by
registered or certified mail, first class postage prepaid, return receipt requested, and shall be
deemed received upon the earlier of (i) the date of delivery to the address of the person to receive
such notice; (ii) the date of the facsimile; or (iii) three (3) business days after the date of posting
with the United States Postal Service at the following addresses:
To Owner:
Sierra Vista Hospital c/o Tenet Healthcare Co.
P.O. Box 25980
Los Angeles, CA 90025
Attn: Richard Lee
To Ci
Barbara Lynch
City of San Luis Obispo
955 Morro Street
San Luis Obispo, CA 93401
With Copy to:
Jonathan Lowell
City Attorney, City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Notice will be effective or deemed effective on the date of delivery, if personally delivered
or sent by facsimile or courier service, or if mailed, three (3) days after deposit with the United
States Postal Service. Any party to this Agreement may change its address for receipt of notices
by giving notice of such changes to the other party in the manner set forth in this Section. Neither
the rejection of a notice by the addressee or the inability to deliver a notice because of a change of
address for which no change of address notice was received, shall affect the date on which such
notice is deemed received.
9. MISCELLANEOUS.
A. Time. Time is of the essence of this Agreement with respect to each and every
provision hereof in which time is a factor.
B. Entire Agreement. This Agreement, including the Exhibits attached hereto,
contains the entire agreement between the parties pertaining to the subject matter hereof and fully
supersedes any and all prior agreements and understandings between the parties. No change in,
modification of or amendment to this Agreement shall be valid unless set forth in writing and signed
by all of the parties subsequent to the execution of this Agreement.
C
C. Further Assurances. Each of the,parties agrees that it will without further
consideration execute and deliver such other documents and take such other action as may be
reasonably requested by the other party to consummate more effectively the purposes or subject
matter of this Agreement.
D. Successors. Subject to the provisions of this Agreement, this Agreement shall be
binding upon and shall inure to the benefit of the parties hereto, and their respective heirs,
executors, representatives, successors and assigns.
E. Severability. In the event any provision of this Agreement shall be determined by
a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability
shall be effective only to the extent of such determination and shall not prohibit or otherwise render
ineffective any other provision of this Agreement
F. Exhibits. References herein to exhibits are to Exhibit A, attached hereto, which
exhibits are hereby incorporated by reference.
G. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same instrument.
Signature pages may be detached from the counterparts and attached to a single copy of this
Agreement to physically form one document.
IN WITNESS WHEREOF, City and Owner has executed this Agreement as of the date first
written above.
APPROVED AS TO FORM:
CITY OF SAN LUIS OBISPO.
i mey DAVID F. ROMERO
Mayor
OWNERS:
SIERRA VISTA HOSPITAL, INC. SIERRA VISTA HOSPITAL, INC. dba
a California Corporation SIERRA VISTA REGIONAL MEDICAL CENTER
i
)Lst-tl �_
Its: Leo Its:
�. •
ATTEST:
AUDREY HOOP R
CITY CLERK
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of `� A Q L u i s o ff_ ss.
On before me, `i '! .�JJ A�✓Lt S h
Date ^fie and Tide of officer (e.g., 'Jane Doe. Notary Public')
personally appeared
A 1PERISHO
CALM,# 1�9861lf
*Dow PU"e GANUMIoen
"LUISCBI8PF1
COUNTly
NO
❑ personally known to me
>rPoved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument—and
acknowledged to me that he /she/they executed
the same. in his /her /their authorized
capes acity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or
efeTity upon behalf of which the person(s)
acted, executed the instrument.
SS my hand nd o ial seal.
�vt c7
PLUe Notary Seal Above signature c Diary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form. to another document.
Description of Attached Dot
Title or Type of Document: cumen V r r.%tA S c
Document Date: /D `� umber of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signe
Signer's Name: l9 A 2.%,\ Sc�(< F�
❑ Individual
Top of thumb here
`�rporate Officer — Title(s): l4 212P T � P 1
tAL
❑
Partner = ❑ Limited ❑ GenerQr 5741er A v tt!�M Qs �I aNAFL
❑ Attorney in Fact Gs-f Tv-k- 2
❑ Trustee
❑ Guardian or Conservator
❑ Other:
.l .
Signer Is Representing:
0 1997 Nab=] Notary Association • 9350 Do Solo Ave., P.O. Box 2402 • Chatsworth, CA .91313 -2402 Prod, No. 5907 Reordor: Call Toll -Froo 1-800- 876 -6827
SETTLEMENT AND PURCHASE AGREEMENT
wThi$Settlement and Purchase Agreement ( "Agreement") is entered into as of this !/ day
of4mm, 2004, between SELECT INCOME PROPERTIES 6, a Califomia Limited Partnership,
(°Owner'; and the CITY OF SAN LUIS OBISPO, a Municipal Corporation (`City" or 9tsj.
RECITALS
A Owner is the owner of that certain real property located within the City of San Luis
Obispo, San Luis Obispo County, California, also known as Assessor's Parcel Number 052 -252-
026 (`Real Property.
B. City desires to purchase temporary construction easements in, over,
across and upon Real Property, hereinafter referred to as the °Easemenns °.
C. City has the power of eminent domain pursuant to the laws of the State
of Califomia. City has initiated an eminent domain lawsuit against Owner, identified as San Luis
Obispo County Superior Court No. CV 040180. City and Owner have reached an agreement by
which City shall acquire the Easements pursuant to the terms and conditions contained herein.
D. City desires to purchase the Easements from Owner, and Owner desires
m grant the Easements to City on the terms and conditions contained in this Agreement
NOW, THEREFORE, for valuable consideration, and subject to all terms and conditions
hereof, City and Owner agree as follows: .
1. PURCHASE AND SALE.
Pursuant to the terms and conditions contained in this Agreement, Owner hereby agrees
to grant the Easements to City and City hereby agrees to accept the Easements from Owner.
2. PURCHASE PRICE.
A The purchase price (°Purchase Price's for the easements shall be THIRTY
THOUSAND DOLLARS ($30,000), payable by City to Owners in cash within the period of time set
forth in Section 2 (C) below.
B. Owner shall have executed in recordable form the Grants of Easement (°Deeds)
attached hereto as Exhibit A and deliver said Deeds to City within ten (10) days of the date of this
Agreement is executed. City shall execute a Certificate of Acceptance of said Deeds and deposit
them with the County Recorder for recordation within ten (10) days of the date City receives the
executed Deeds from Owner.
Settlement and Purchase Agreement
Page 1
I�
i
C. Within ten (10) days of the date City receives the executed Deeds from
Owner, City shall cause to be filed with the San Luis Obispo Superior Court a Petition for Refund of
the deposit on file with San Luis Obispo County in this action. Said petition shall request an order
from the Court that the $7,300 previously deposited by City for the benefit of defendants in the
eminent domain action be withdrawn from the deposit and made payable directly to City, in care of
its counsel at the address indicated in Section 8 herein. Buyer shall pay the purchase price of
$30,000 to Owner not later than thirty (30) days following Buyer's receipt of the executed Deeds.
3. REPRESENTATIONS AND WARRANTIES.
A. City hereby represents and warrants to Owner that (i) it has the legal power, right
and authority to enter into this Agreement and the instruments referenced herein, and to
consummate the transactions contemplated hereby; (ii) all requisite action has been taken by City
in connection with the entering into of this Agreement and the instruments referenced herein, and
the consummation of the transactions contemplated hereby; and (iii) no consent of any other party
is required.
B. Owner hereby represents and warrants to City that (i) it has the legal power, right
and authority to enter into the Agreement and the instruments referenced herein, and to
consummate the transactions contemplated hereby; (ii) all requisite action (corporate, trust,
partnership or otherwise) has taken by Owner in connection with the entering into this Agreement
and the instruments referenced herein, and the consummation of the transactions contemplated
hereby; and (ii) no consent of any other party is required.
C. The project for which City requires said temporary construction easements is the
Foothill Bridge Replacement Project City's contractor shall carry general comprehensive
insurance having.not less than One Million ($1,000,000.00) Dollar coverage, and said contractor
shall be bonded for performance.
D. In the even that said Real Property is damaged during the construction of said
Project, Owner shall notify City within seven (7) days of said damage and City shall cause its
contractor to repair said damage as soon as is reasonably possible.
E. The City agrees to restore the subject property to its existing condition as is
reasonably possible upon completion of the Project
Owner warrants that there are no leases on the property other than those for rental
of the apartments.
Settlement and Purchase Agreement
Page 2
n
G. This agreement between Owner and City is subject to approval by the City Council
of the City of.San Luis Obispo.
4. INDEMNIFICATION.
City shall save, defend, indemnify and hold harmless, Owner, its directors, officers,
employees and agents, successors and assigns (herein collectively called `Indemnified Parties/
from and against any and all suits, actions, legal or administrative proceedings, claims, demands,
actual damages, fines, punitive damages, losses, costs, liabilities, interest, attorneys fees
(including any such fees and expenses incurred enforcing this indemnity) (herein collectively called
`Damages/ arising from the construction of said project The covenants set forth in this Section
shall survive delivery of the Deed.
5. DISMISSAL OF EMINENT DOMAIN ACTION & RELEASE OF US PENDENS.
City shall dismiss said eminent domain lawsuit upon recordation of the grant of easement,
and City shall record a Release of Lis Pendens.
6. RELEASE OF CLAIMS.
Owner hereby releases and forever discharges, on behalf of the Owner, and its partners,
affiliates, creditors, successors, assigns, heirs, executors and administrators, the City and the
City's Council Members, and City's employees, agents, contractors and affiliates from any and all
demands, claims or causes of action against the City of San Luis Obispo arising out of or
pertaining to the acquisition of the Easements in Owner's Real Property, including but not limited to
any claims for just compensation, litigation expenses, attorney's fees and costs including, but not
limited to, costs incurred to defend the lawsuit, statutory relocation assistance and/or benefits, loss
or damages for inverse condemnation, unreasonable precondemnation delay, or unreasonable
precondemnation activities.. In giving this release, the Owner and Sublessee waive the protection
of Civil Code Section 1542, which statute provides as follows: "A general release does not extend
to claims which the creditor does not know or subject to exist in his favor at the time of executing
the release, which if known by him must have materially affected his settlement with the debtor.°
7. GOVERNING LAW.
This Agreement shall be construed and enforced in accordance with the applicable laws of
the State of California.
Settlement and Purchase Agreement
Page 3
1� O
8. NOTICE.
All notices or other communications required or permitted hereunder shall be writing, and
shall be personally delivered, sent by national overnight courier service, sent by facsimile
transmission, if also sent by one of the other methods provided in this Section, or sent by
registered or certified mail, first class postage prepaid, return receipt requested, and shall be
deemed received upon the earlier of (i) the date of delivery to the address of the person to receive
such notice; (ii) the date of the facsimile; or (iii) three (3) business days after the date of posting
with the United States Postal Service at the following addresses:
To Owner:
Select Income Properties
1050 Foothill Blvd.
San Luis Obispo, CA 93405
To City
Barbara. Lynch
City of San Luis Obispo
955 Morro Street
San Luis Obispo, CA 93401
With Copy to:
Jonathan. Lowell
City Attorney, City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Notice will be effective or deemed effective on the date of delivery, if personally delivered
or sent by facsimile or courier service, or if mailed, three (3) days after deposit with the United
States Postal Service. Any party to this Agreement may change its address for receipt of notices
by giving notice of such changes to the other parry in the manner set forth in this Section. Neither
the rejection of a notice by the addressee or the inability to deliver ea notice because of a change of
address for which no change of address notice was received, shall affect the date on which such
notice is deemed received.
9. MISCELLANEOUS.
A. Time. Time is of the essence of this Agreement with respect to each and every
provision hereof in which time. is a factor.
B. Entire Agreement. This Agreement, including the Exhibits attached hereto,
contains the entire agreement between the parties pertaining to the subject matter hereof and fully
supersedes any and all prior agreements and understandings between the parties. No change in,
modification of or amendment to this Agreement shall be valid unless set forth in writing and signed
by all of the parties subsequent to the execution of this Agreement.
Settlement and Purchase Agreement
Page 4
11\
C. Further Assurances. Each of the parties agrees that it will without further
consideration execute and deliver such other documents and take such other action as may be
reasonably requested by the other party to consummate more effectively the purposes or subject
matter of this Agreement
D. Successors. Subject to the provisions of this Agreement, this Agreement shall be
binding upon and shall inure to the benefit of the parties hereto, and their respective heirs,
executors, representatives, successors and assigns.
E. Severability . In the event any provision of this Agreement shall be determined by
a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability
shall be effective only to the extent of such determination and shall not prohibit or otherwise render
ineffective any other provision of this Agreement
Exhibits. References herein to exhibits are to Exhibit A, attached hereto, which
exhibits are hereby incorporated by reference.
G. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same instrument
Signature pages may be detached from the counterparts and attached to a single copy of this
Agreement to physically form one document
IN WITNESS WHEREOF, City and Owner has executed this Agreement as of the date first
written above.
APPROVED AS TO FORM:
9 1
..A'ITES'P:
CITY OF SAN LUIS OBISPO
DAVID F. ROMERO
Mayor
SELECT INCOME PROPERTIES 6
a Cal' is limited Partnership
General Partner
Settlement and Purchase Agreement
Page 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Luis Obispo
On 07/06/2004 before me, Manuel Torres, Notary Public, personally appeared Arlette O'Donnell,
❑ personally known to me - OR - Z proved to me on the
V MANUELTORRE'S ... basis of satisfactory evidence to be the persou(slo"whose
yyyyyy
ZO{ @MCOMM. #1279702 narp(so4aff—subscribed to the within instrument and
NOTARY PUBLIC•CALIFORNIA
SAN LUIS OR
y Comm. Expires 000ber 7, 20D4 acknowledged to me tha_,,��Oerexecuted the same in
....... authorized capaci , and that by
,,hi85pwif signatup4s) o the instrument the perso
the entity upon behalf of which the perso 'acted,
executed the instrument.
WITNESS my hand and
0 'N
pTIO
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual Settlement and Purcahase Agreement
F-1 Corporate Officer
Title or Type of Document
Title
❑ Partner(s) ❑ Limited 6
❑ General Number of Pages
❑ Attorney-in-Fact 07/06/04
E]Trustee(s)
❑ Guardian/Conservator Date of Document
❑ Other:
Absent Signer (Principal) is Representing: Signer(s) Other Than Name(s) Above
ADM-005 (06/00)
SETTLEMENT AND PURCHASE AGREEMENT
e
N E`cii' a B
This Settlement and Purchase Agreement ( "Agreement") is entered into as of this ,:Q/
day of 6r 2004, between STAN MARK, LLC., a Limited Liability Company, ( "Owner");
and the CITY OF SAN LUIS OBISPO, a Municipal Corporation ( "City" or `Its ").
RECITALS
k Owner is the owner of that certain real property located within the City of San Luis
Obispo, San Luis Obispo County, California, also known as Assessor's Parcel Number 052 -181-
018 ( "Real Property').
B. City desires to purchase a permanent easement and temporary construction
easements in, over, across and upon Real Property, hereinafter referred to as the "Easements ".
B. City has the power of eminent domain pursuant to the laws of the State
of California. City has initiated an eminent domain lawsuit against Owner, identified as San Luis
Obispo County Superior Court No. CV 040181. City and Owner have reached an agreement by
which City shall acquire the Easements pursuant to the terms and conditions contained herein.
C. City desires to purchase the Easements from Owner, and Owner desires
to grant the Easements to City on the terms and conditions contained in this Agreement.
NOW, THEREFORE, for valuable consideration, and subject to all terms and conditions
hereof, City and Owner agree as follows:
1. PURCHASE AND SALE.
Pursuant to the terms and conditions contained in this Agreement, Owner hereby
agrees to grant the Easements to City and City hereby agrees to accept the Easements from
Owner.
2. PURCHASE PRICE..
A. The purchase price ( "Purchase Price") for the easements shall be ONE
HUNDRED NINETEEN THOUSAND NINE HUNDRED DOLLARS ($119,900) plus interest,
payable by City to Owners in cash within the period of time set forth in Section 2 (C) below.
B. Owner shall have executed in recordable form the Grants of Easement
( "Deeds ") attached hereto as Exhibit A and deliver said Deeds to City within ten (10) days of the
date of this Agreement is executed. City shall execute a Certificate of Acceptance of said Deeds
and deposit them with the County Recorder for recordation within ten (10) days of the date City
receives the executed Deeds from Owner.
Settlement and Purchase Agreement
Page 1
C'i l
C. Within ten (10) days of the date City receives the executed Deeds from
Owner, City shall cause to be filed with the San Luis Obispo Superior Court a Petition for Refund of
the deposit on file with San Luis Obispo County in this action. Said petition shall request an order
from the Court that the $112,400 previously deposited by City for the benefit of defendants in the
eminent domain action be withdrawn from the deposit and made payable directly to City, in care of
its counsel at the address indicated in Section 8 herein. Buyer shall pay the purchase price of
$119,900 plus interest to Owner not later than thirty (30) days following Buyer's receipt of the
executed Deeds.
3. REPRESENTATIONS AND WARRANTIES.
A. City hereby represents and warrants to Owner that (i) it has the legal
power, right and authority to enter into this Agreement and the instruments referenced herein, and
to consummate the transactions contemplated hereby; (ii) all requisite action has been taken by
City in connection with the entering into of this Agreement and the instruments referenced herein,
and the consummation of the transactions contemplated hereby; and (iii) no consent of any other
party is required.
B: Owner hereby represents and warrants to City that (i) it has the legal
power, right and authority to enter into the Agreement and the instruments referenced herein, and
to consummate the transactions contemplated hereby; (ii) all requisite action (corporate, trust,
partnership or otherwise) has taken by Owner in connection with the entering into this Agreement
and the instruments referenced herein, and the consummation of the transactions contemplated
hereby; and (iii) no consent of any other party is required.
C. The project for which City requires said permanent and temporary
construction easements is the Foothill Bridge Replacement Project. City's contractor shall carry
general comprehensive insurance having not less than One Million ($1,000,000.00) Dollar
coverage, and said contractor shall be bonded for performance.
D. In the even that said Real Property is damaged during the construction of
said Project, Owner shall notify City within seven (7) days of said damage and City shall cause its
contractor to repair said damage as soon as is reasonably possible.
E. The City will provide parking permits to existing tenants (Summer 2003 to
Summer 2004) and future tenants (Summer 2004 to Summer 2005) that wish to park on Foothill
Settlement and Purchase Agreement
Page.2
Boulevard. Permits will be distributed to those individuals whose names appear on the lease
agreements. As lease agreements are executed, Owner will be responsible for furnishing to City a
list of names for the current and future tenants. The City will issue the permits.
F. Owner shall make every reasonable effort to rent units and maintain
records of its reasonable effort to do so..
G. City agrees to review and consider documentation submitted by Owner on
or before October 29, 2004,. supporting Owner's request for additional compensation for loss of
rent income. Upon review of the submitted documentation, the City agrees to compensate Owner
for any additional and reasonable losses due to lack of access and/or parking over that which was
anticipated in the City's appraisal.
H. The City will install alighted pathway on the westerly side of the
apartment building for pedestrian access in cooperation with Owner.
The City will review the pedestrian access across the front of the property
and onto the pedestrian bridge and provide additional lighting in the event the street lighting is
inadequate in cooperation with Owner.
J. The City agrees to compensate Owner if Owner opts to offer reduced
rents to existing tenants, effective upon loss of access by the existing tenants to the parking lot.
K. The City agrees to restore the subject property to its existing condition as
is reasonably possible upon completion of the Project.
L. Owner warrants that there are no leases on the property other than those
for rental of the apartments.
M. This agreement between Owner and City is subject to approval by the City
Council of the City of San Luis Obispo.
4. INDEMNIFICATION.
City shall save, defend, indemnify and hold harmless, Owner, its directors, officers,
employees and agents, successors and assigns (herein collectively called "Indemnified Parties'
from and against any and all suits, actions, legal or administrative proceedings, claims, demands,
actual damages, fines, punitive damages, losses, costs, liabilities, interest, attorneys fees.
(including any such fees and expenses incurred enforcing this indemnity) (herein collectively called
"Damages ") arising from the construction of said project. The covenants set forth'inthis Section
shall survive delivery of the Deed.
Settlement and Purchase Agreement
Page 3
5. DISMISSAL OF EMINENT DOMAIN ACTION & RELEASE OF LIS PENDENS.
City shall dismiss said eminent domain lawsuit upon recordation of the grant of easement,
and City shall record a Release of Lis Pendens.
6. RELEASE OF CLAIMS.
Owner hereby releases and forever discharges, on behalf of the Owner, and its partners,
affiliates, creditors, successors, assigns, heirs, executors and administrators, the City and the
City's Council Members, and City's employees, agents, contractors and affiliates from any and all
demands, claims or causes of action against the City of San Luis Obispo arising out of or
pertaining to the acquisition of the Easements in Owner's Real Property, including.but not limited to
any claims for just compensation, litigation expenses, attorney's fees and costs including, but not
limited to, costs incurred to defend the lawsuit, statutory relocation assistance and/or benefits, loss
or damages for inverse condemnation; unreasonable precondemnation delay, or unreasonable
precondemnation activities. In giving this release, the Owner and Sublessee waive the protection
of Civil Code Section 1542, which statute provides as follows: "A general release does not extend
to claims which the creditor does not know or subject to exist in his favor at the time of executing
the release, which if known by him must have materially affected his settlement with the debtor."
7. GOVERNING LAW.
This Agreement shall be construed and enforced in accordance with the applicable laws of
the State of California.
8. NOTICE.
All notices or other communications required or permitted hereunder shall be writing, and
shall be personally delivered, sent by national overnight courier service, sent by facsimile
transmission, if also sent by one of the other methods provided in this Section, or sent by
registered or certified mail, first class postage prepaid, return receipt requested, and shall be
deemed received upon the earlier of (i) the date of delivery to the address of the person to receive
such notice; (ii) the date of the facsimile; or (iii) three (3) business days after the date of posting
with the United States Postal Service at the following addresses:
To Owner:
Damelle J Babcock Etal
c/o Linda Schmid
285Th Johnson Ave
San Luis Obispo, CA 93401
Settlement and Purchase Agreement
Page 4
To Ci
Barbara Lynch
City of San Luis Obispo
955 Morro Street
San Luis Obispo, CA 93401
(7'
With Copy to:
Jonathan Lowell
City Attorney, City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Notice will be effective or deemed effective on the date of delivery, if personally delivered
or sent by facsimile or courier service, or if mailed, three (3) days after deposit with the United
States Postal Service. Any party to this Agreement may change its address for receipt of notices
by giving notice of such changes to the other party in the manner set forth in this Section. Neither
the rejection of a notice by the addressee or the inability to deliver a notice because of a change of
address for which no change of address notice was received, shall affect the date on which such
notice is deemed received.
9. MISCELLANEOUS.
A. Time. Time is of the essence of this Agreement with respect to each and
every provision hereof in which time is a factor.
B. Entire Agreement. This Agreement, including the Exhibits attached
hereto, contains the entire agreement between the parties pertaining to the subject matter hereof
and fully supersedes any and all prior agreements and understandings between the parties. No
change in, modification of or amendment to this Agreement shall be valid unless set forth in writing
and signed by all of the parties subsequent to the execution of this Agreement.
C. Further Assurances. Each of the parties agrees that it will without
further consideration execute and deliver such other documents and take such other action as may
be reasonably requested by the other party to consummate more effectively the purposes or
subject matter of this Agreement.
D. Successors. Subject to the provisions of this Agreement, this
Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their
respective heirs, executors, representatives, successors and assigns.
E. Severability. In the event any provision of this Agreement shall be
determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or
unenforceability shall be effective only to the extent of such determination and shall not prohibit or
otherwise render ineffective any other provision of this Agreement.
Settlement and Purchase Agreement
Page 5
Exhibits. References herein to exhibits are to Exhibit A, attached
hereto, which exhibits are hereby incorporated by reference.
G. Counterparts. This Agreement may be executed in counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. Signature pages may be detached from the counterparts and attached to a single copy
of this Agreement to physically form one document.
IN WITNESS WHEREOF, City and Owner has executed this Agreement as of the date first
written above.
APPROVED AS TO FORM:
CITY OF SAN LUIS OBISPO
Jon han ell
City A omey
CITY OF SAN LUIS OBISPO
DAVID ROMERO
Mayor
STAN MARK,
a Limited Liabiity Company
eneral Partn
Linda Schmid
Settlement and Purchase Agreement
Page 6
State of California }
County of San Luis Obispo)
On July 29, 2004, before me, Pamela K. King, Notary Public, personally appeared Linda
Schmid, Stan Mark, LLC. ( ) personally known to me or (x) proved to me on the basis of
satisfactory evidence to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their capacity, and
that by their signatures on the instrument the persons or the entity upon behalf of which
the persons acted, executed the instrument.
my hand and official seal.
Public
Caoacitvclaimed by siQner(s):
conmum s IM138
� v PUM - ca"Wdo
Ian bA d fto cauw
() individual(s) ( ) corporation (x) partnership ( ) attorney -in -fact ( ) political agency
Foothill Bridge Easement
J�
RESOLUTION NO. 9609 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO DENYING AN APPEAL OF THE
PLANNING COMMISSION'S ACTION FOR PROPERTY
LOCATED AT 735 TANK FARM ROAD (AP -PC 107 -04)
WHEREAS, the Community Development Director, on June 4, 2004, denied a request to
allow attorney offices in the C- S -SP -PD zone; and
WHEREAS, Michael Hodge, filed an appeal of the Community Development Director's
action on June 10, 2004; and
WHEREAS, the Planning Commission, on July 14, 2004, denied an appeal of the
Community Development Director's action; and
WHEREAS, Charlie Richardson, filed an appeal of the Planning Commission's action
on July 23, 2004; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
September 7, 2004, for the purpose of considering an appeal, of the Planning Commission's
action; and
WHEREAS, the Council has duly considered all evidence, including the records of the
Community Development Director and Planning Commission hearings and actions; testimony of
interested parties, and the evaluation and recommendations by staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
1. Attorney offices are not consistent the property's large office Planned Development (PD
182 -02) because attorneys are specifically prohibited by Ordinance No. 1433 (reflected as
footnote 6 in the use table).
2. Attorney offices are not consistent with the property's zoning district because professional
offices are prohibited in the C -S zone.
3. Attorney offices are not consistent with General Plan Land Use Element Policies 3.3.1 &
3.3.2 A &B, which state that not all types of offices are appropriate in all locations, and that
all types of offices, including attorneys, are appropriate in the General Retail and Office
districts in and around the downtown commercial area.
1�
Resolution No. 9609 (2004 Series)
Page 2
SECTION 2. Action. The City Council hereby denies the appeal of the Planning
Commission's action.
On motion of Council Member Settle, seconded by Council Member Ewan, and on
the following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schartz and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 7`k' day of September 2004.
Mayor David F. Romero
ATTEST:
0�146,j It, 2� 4
Audrey Roo r
City Clerk
APPROVED AS TO FORM:
Jo P. Lowell
City Attorney
CpD
73-f
K/
RO
M/ elv#ce
.S° ' ZOO
S�o 013:10
RESOLUTION NO. 9608 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING
THE SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA
AND THE CITY OF SAN LUIS OBISPO UNDER THE AMERICANS WITH DISABILITIES
ACT
WHEREAS, the City of San Luis Obispo has been selected by the United States Department
of Justice to participate in their Project Civil Access; and
WHEREAS, the City of San Luis Obispo agrees that being in compliance with the
regulations of the Americans With Disabilities Act (ADA) is a positive step for our employees,
citizens and visitors; and
WHEREAS, California Development Block Grant funding is available to cover the cost of
compliance over the next three years.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that approves the settlement agreement, attached and incorporated herein as Exhibit A, between the
United States of America and the City of San Luis Obispo, California under the Americans with
Disabilities Act, and authorizes the Mayor to execute said agreement on behalf of the City.
Upon motion of Council Member Settle, seconded by Council Member Mulholland,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and
Mayor Romero
NOES` None
ABSENT: None
The foregoing resolution was adopted this 7`h day of September, 2004.
Mayor David F. Romero
ATTEST:
Ld��-Z
Audrey Hoop
City Clerk
. •.1:
Resolution No. 9608 (2004 Series)
Page 2
APPROVED AS TO FORM:
J path . Lowell
City Attorney
C LHIBIT "p„
SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE CITY OF SAN LUIS OBISPO, CALIFORNIA
UNDER THE AMERICANS WITH DISABILITIES ACT
BACKGROUND
DJ 204 -12C -425
SCOPE OF THE INVESTIGATION
The United States Department of Justice (Department) initiated this matter as a
compliance review of The City of San Luis Obispo, California (City) under title II of the
Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131- 12134, and the
Department's implementing regulation, 28 C.F.R. Part 35. Because the City receives financial
assistance from the Department of Justice, the review was also conducted under the authority of
section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department's
implementing regulation, 28 C.F.R. Part 42, Subpart G.
The review was conducted by the Disability Rights Section of the Department's Civil
Rights Division and focused on the City's compliance with the following title II requirements:
• to conduct a self - evaluation of its services, policies, and practices by July 26, 1992, and
make modifications necessary to comply with the Department's title II regulation, 28
C.F.R. § 35.105;
• to notify applicants, participants, beneficiaries, and other interested persons of their rights
and the City's obligations under title II and the Department's regulation, 28 C.F.R.
§ 35.106;
• to designate a responsible employee to coordinate its efforts to comply with and carry out
the City's ADA responsibilities, 28 C.F.R. § 35.107(a);
• to establish a grievance procedure for resolving complaints of violations of title II, 28
C.F.R. § 35.107(b);
Zvi
to operate each program, service, or activity so that, when viewed in its entirety, it is
readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by:
• delivery of services, programs, or activities in alternate ways, including, for
example, redesign of equipment, reassignment of services, assignment of aides,
home visits, or other methods of compliance or, if these methods are not effective
in making the programs accessible,
physical changes to buildings (required to have been made by January 26, 1995),
in accordance with the Department's title II regulation, 28 C.F.R. § 35.151, and
the ADA Standards for Accessible Design (Standards), 28 C.F.R. pt. 36, App. A,
or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101 -19.6,
App. A.
• to ensure that facilities for which construction or alteration was begun after January 26,
1 992, are readily accessible to and usable by people with disabilities, in accordance with
1) the Department's title II regulation and 2) the Standards or UFAS, 28 C.F.R. § 35.151;
• to ensure that communications with applicants, participants, and members of the public
with disabilities are as effective as communications with others, including furnishing
auxiliary aids and services when necessary, 28 C.F.R. § 35.160;
• to provide direct access via TTY (text telephone) or computer-to-telephone emergency
services, including 9 -1 -1 services, for persons who use TTY's and computer modems, 28
C.F.R. § 35.162;
• to provide information for interested persons with disabilities concerning the existence
and location of the City's accessible services, activities, and facilities, 28 C.F.R.
§ 35.163(a); and
• to provide signage at all inaccessible entrances to each of its facilities, directing users to
an accessible entrance or to information about accessible facilities, 28 C.F.R.
§ 35.163(b).
As part of its compliance review, the Department reviewed the following facilities,
which — because construction or alterations commenced after January 26, 1992 - must comply
with the ADA's new construction or alterations requirements: Damon Garcia Park, Downtown
Restrooms (at Marsh and Higuera), Parks and Recreation Building, French Park, Islay Hill Park,
Fire Station 41, Santa Rosa Park (some portions), Throop Field Restrooms, Throop Ball Field,
Utilities Office, City Hall, Ludwick Center Community Center, City County Museum, and
Police Department (1042 Walnut Street).
The Department's program access review covered those of the City's programs, services,
and activities that operate in the following facilities: Parking Marsh, Mission Plaza, Laguna Lake
Page 2 of 11
Park, Mitchell Park, Meadow Park, San Luis Obispo Swim Center, Palm Structure, Santa Rosa
Park (some portions), Jack House and Garden Residence, Jack House Service Building,
Sinsheimer Stadium, San Luis Obispo Senior Center, and Laguna Lake Golf facility.
The Department also conducted a. program access review of the following facilities that
are designated as emergency shelters: Hawthorn School, Sinsheimer School, and Pacheco
Elementary School. This review was limited to the areas of the facilities used by members of the
public during an emergency: parking, the route from the parking area to the area used as a
shelter, the area used as a shelter, and toilet facilities serving that area.
The Department reviewed the City's policies and procedures regarding emergency
management and disaster prevention, and sidewalk maintenance to evaluate whether persons
with disabilities have an equal opportunity to utilize these programs.
Finally, the Department reviewed the City Police Department's policies and procedures
regarding providing effective communication to persons who are deaf or hard -of- hearing.
RIM N ki BITi] lI low
The ADA applies to the City because it is a "public entity" as defined by title II. 42
U.S.C. § 12131(1).
2. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to determine the
compliance of the City with title II of the ADA and the Department's title II
implementing regulation, to issue findings, and, where appropriate, to negotiate and
secure voluntary compliance agreements. Furthermore, the Attorney General is
authorized, under 42 U.S.C. § 12133, to bring a civil action enforcing title II of the ADA
should the Department fail to secure voluntary compliance pursuant to Subpart F.
3. The Department is authorized under 28 C.F.R. Part 42, Subpart G, to determine the City's
compliance with section 504 of the Rehabilitation Act of 1973, to issue findings, and,
where appropriate, to negotiate and secure voluntary compliance agreements.
Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R.
§§ 42.530 and 42.108 -110, to suspend or terminate financial assistance to the City
provided by the Department of Justice should the Department fail to secure voluntary
compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the
United States under applicable federal, state, or local law.
4. The parties to this Agreement are the United States of America and the City of San Luis
Obispo, California.
5. In order to avoid the burdens and expenses of an investigation and possible litigation, the
parties enter into this Agreement.
Page 3 of 11
J'
6. In consideration of, and consistent with, the terms of this Agreement, the Attorney
General agrees to refrain from filing a civil suit in this matter regarding all matters
contained within this Agreement, except as provided in the section entitled
"Implementation and Enforcement."
ACTIONS TAKEN BY THE CITY
7. The City has a designated ADA Coordinator. Grievances are brought to the attention of
the Coordinator who then works towards a resolution of the matter.
8. In 1994, the City conducted a self - evaluation and developed a transition plan. In
November of 1995, San Luis Obispo adopted a resolution adopting the transition plan for
the removal of barriers to access to City facilities as required by the ADA. The plan
ensures that the programs offered at City facilities are readily accessible to and usable by
individuals with mobility impairments. The City then increased the number of
designated accessible parking spaces, installed curb ramps, and widened doors at City
buildings.
9. The City has amended its employment policies to comply with the regulations of the U.S.
Equal Employment Opportunity Commission implementing title I of the Americans with
Disabilities Act of 1990, codified at 29 C.F.R. Part 1630.
10. The City of San Luis Obispo revised its Multi- Hazard Emergency Response Basic Plan in
April 2000 to include a list of persons with special needs. The San Luis Obispo Fire
Department has organized this list into 4 zones in order to ensure that all persons on this
are accounted for in the case of an emergency.
REMEDIAL ACTION
NOTIFICATION
11. Within six months of the effective date of this Agreement, the City will adopt the
attached Notice (Attachment A); distribute it to all agency heads; publish the Notice in a
local newspaper of general circulation serving the City; post the Notice on its Internet
Home Page; and post copies in conspicuous locations in its public buildings. It will
refresh the posted copies, and update the contact information contained on the Notice, as
necessary, for the life of this Agreement. Copies will also be provided to any person
upon request.
12. Within I year of the effective date of this Agreement, and on yearly anniversaries of this
Agreement until it expires, the City will implement and report to the Department its
written procedures for providing information for interested persons with disabilities
Page 4 of 11
i
concerning the existence and location of the City's accessible programs, services, and
activities.
GRIEVANCE PROCEDURE
13. Within six months of the effective date of this Agreement, the City will adopt the
attached ADA Grievance Procedure (Attachment B), distribute it to all agency heads, and
post copies of it in conspicuous locations in each of its public buildings. It will refresh
the posted copies, and update the contact information contained on it, as necessary, for
the life of the Agreement. Copies will also be provided to any person upon request.
GENERAL EFFECTIVE COMMUNICATION PROVISIONS
14. Within six months of the effective date of this Agreement, the City will identify sources
of qualified sign language and oral interpreters; real -time transcription services, and
vendors that can put documents in Braille, and will implement and report to the
Department its written procedures, with time frames, for fulfilling requests from the
public for sign language or oral interpreters, real -time transcription services, and
documents in alternate formats (Braille, large print, cassette tapes, etc.).
15. The City will take steps to ensure that all appropriate employees are trained and practiced
in using the California Relay Service to make and receive calls.
LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION
16. Within nine months of the effective date of this Agreement, the City will adapt for its
own use and implement the San Luis Obispo Police Department's Policy Statement on
Effective Communication with People Who are Deaf or Hard of Hearing [Attachment Cl
and distribute to all police officers the Guide for Law Enforcement Officers When in
Contact with People Who are Deaf or Hard of Hearing [Attachment D].
17. Within nine months of the effective date of this Agreement, the City will contract with
one or more local qualified oral/sign language interpreter agencies to ensure that the
interpreting services will be available on a priority basis, twenty-four hours per day,
seven days a week, to its police department or make other appropriate arrangements
(such as contracting directly with or hiring qualified interpreters).
18. Within nine months of the effective date of this Agreement, the City will ensure that each
police station or substation and each jaiVprison/detention facility is equipped with a
working TTY to enable persons who are deaf, hard of hearing, or who have speech
impairments to make outgoing telephone calls. Where inmate telephone calls are time -
limited, the City will adopt policies permitting inmates who use TTY's a longer period of
Page 5 of 11
t ! 1
time to make those calls, due to the slower nature of TTY communications compared
with voice communications.
EMERGENCY MANAGEMENT PROCEDURES AND POLICIES
19. If the City contracts with another entity, such as the American Red Cross or another local
government, to provide its emergency preparedness plans and emergency response
services, the City will ensure that the other entity complies with the following provisions
on its behalf.
20. Within nine months of the effective date of this Agreement, the City will implement and
report to the Department its written procedures that ensure that it regularly solicits and
incorporates input from persons with a variety of disabilities and those who serve them
regarding all phases of its Multi - Hazard Emergency Response Basic Plan.
21. Within nine months of the effective date of this Agreement, the City will implement and
report to the Department its written procedures that ensure that its community evacuation
plans enable those who have mobility impairments, vision impairments, hearing
impairments, cognitive disabilities, mental illness, or other disabilities to safely self -
evacuate or be evacuated by others. Some communities are instituting voluntary,
confidential registries of persons with disabilities who may need individualized
evacuation assistance or notification. If the City adopts or maintains such a registry, its
report to the Department will discuss its procedures for ensuring voluntariness,
appropriate confidentiality controls, and how the registry will be kept updated, as well as
its outreach plan to inform persons with disabilities of its availability. Whether or not a
registry is used, the City's plan should address accessible transportation needs for
persons with disabilities.
22. Within nine months of the effective date of this Agreement, the City will implement and
report to the Department its written procedures that ensure that if its emergency warning
systems use sirens or other audible alerts, it will also provide ways to inform persons
with hearing impairments of an impending disaster. The use of auto - dialed TTY
messages to pre - registered individuals who are deaf or hard of hearing, text messaging, e
mails, open - captioning on local TV stations and other innovative uses of technology may
be incorporated into such procedures, as well as lower -tech options such as dispatching
qualified sign language interpreters to assist with emergency TV broadcasts.
23. Within nine months of the effective date of this Agreement, the City will implement and
report to the Department its written procedures that ensure that at least one emergency
shelter has a back -up generator and a way to keep medications refrigerated (such as a
refrigerator or a cooler with ice). Such shelter(s) will be made available to persons
whose disabilities require access to electricity and refrigeration, for example, for using
life - sustaining medical devices, providing power to motorized wheelchairs, and
Page 6 of I I
n
preserving certain medications, such as insulin, that require refrigeration. The written
procedures will include a plan for notifying persons of the location of such shelter(s).
24. Within nine months of the effective date of this Agreement, the City will implement and
report to the Department its written procedures that ensure that persons who use service
animals are not separated from their service animals when sheltering during an
emergency, even if pets are normally prohibited in shelters. The procedures will not
unnecessarily segregate persons who use service animals from others but may take into
account the potential presence of persons who, for safety or health reasons, should not be
in contact with certain types of animals.
25. Some of the City's emergency shelters may be owned or operated by other public entities
subject to title II or by public accommodations subject to title III and, as such, are subject
to the obligation to provide program access or remove barriers to accessibility under the
ADA. This Agreement does not limit such future enforcement action against the owners
or operators of these facilities by any person or entity, including the Department.
26. Within three months of the effective date of this Agreement, the City will request in
writing that each of the owners and operators of the shelter facilities listed in Attachment
E will remove the noted barriers to access for persons with disabilities. The request will
specify that the remediation be completed within one year of the effective date of this
Agreement. The City will simultaneously send a courtesy copy of the request to the
Department.
27. Within 15 months of the effective date of this Agreement, the City will survey the
shelters listed in Attachment E to determine whether the noted barriers have been
removed. If not all barriers have been removed, the City will identify within 18 months
of the effective date of this Agreement an appropriate number of alternate shelters where
the parking, exterior routes, entrances, interior routes to the shelter area, and toilet rooms
to the shelter area comply with the Standards.
28. Within six months of the effective date of this Agreement and until all emergency
shelters have accessible parking, exterior routes, entrances, interior routes to the shelter
area, and toilet rooms serving the shelter area, the City will identify and widely publicize
to the public and to persons with disabilities and the organizations that serve them the
most accessible emergency shelters.
29. To the extent that the City provides opportunities for post- emergency temporary housing
to its residents, within 3 months of the effective date of this Agreement, it will develop,
implement, and report to the Department its plans for providing. equivalent opportunities
for accessible post - emergency temporary housing to persons with disabilities. Within
one year of the effective date of this Agreement, the City will ensure that information it
makes available regarding temporary housing includes information on accessible housing
(such as accessible hotel rooms within the community or in nearby communities) that
could be used if people with disabilities cannot immediately return home after a disaster
Page 7 of 1 l
if, for instance, necessary accessible features such as ramps or electrical systems have
been compromised.
WEB -BASED SERVICES AND PROGRAMS
30. Within 6 months of the effective date of this Agreement, and on subsequent anniversaries
of the effective date of this Agreement, the City will distribute to all persons— employees
and contractors — who design, develop, maintain, or otherwise have responsibility for
content and format of its website(s) or third party websites used by the City (Internet
Personnel) the technical assistance document, "Accessibility of State and Local
Government Websites to People with Disabilities," which is Attachment F to this
Agreement (it is also available at www.ada.gov /websites2.htm).
31. Within nine months of the effective date of this Agreement, and throughout the life of the
Agreement, the City will do the following:
A. Establish, implement, and post online a policy that its web pages will be
accessible and create a process for implementation;
B. Ensure that all new and modified web pages and content are accessible;
C. Develop and implement a plan for making existing web content more accessible;
D. Provide a way for online visitors to request accessible information or services by
posting a telephone number or e-mail address on its home page; and
E. Periodically (at least annually) enlist persons with disabilities to test its pages for
ease of use.
PHYSICAL CHANGES TO FACILITIES
32. The elements or features of the City's facilities that do not comply with the Standards,
including those listed in Attachments G, H, and I, prevent persons with disabilities from
fully and equally enjoying the City's services, programs, or activities and constitute
discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28
C.F.R. §§ 35.149 and 35.150.
33. The City will comply with the cited provisions of the Standards when taking the actions
required by this Agreement.
34. Within one year of the effective date of this Agreement, the City will install signage as
necessary to comply with 28 C.F.R. §'35.163(b), after having surveyed all facilities that
are the subject of this Agreement for the purpose of identifying those that have multiple
entrances not all of which are accessible.
Page 8 of i l
35. Newly Constructed Facilities: In order to ensure that the spaces and elements in City's
facilities, for which construction was commenced after January 26, 1992, are readily
accessible to and usable by persons with disabilities, the City will take the actions listed
in Attachment G.
36. Altered Facilities: In order to ensure that the spaces and elements in City's facilities, for
which alterations commenced after January 26, 1992, are readily accessible to and usable
by persons with disabilities, the City will take the actions listed in Attachment H.
37. Program Access in City's Existinu Facilities: In order to ensure that each of the City's
programs, services, and activities operating at a facility that is the subject of this
Agreement, when viewed in its entirety, is readily accessible to and usable by persons
with mobility impairments, the City will take the actions listed in Attachment I.
MISCELLANEOUS PROVISIONS
38. Except as otherwise specified in this Agreement, at yearly anniversaries of the effective
date of this Agreement until it expires, the City will submit written reports to the
Department summarizing the actions the City has taken pursuant to this Agreement.
Reports will include detailed photographs showing measurements, architectural plans,
work orders, notices published in the newspaper, copies of adopted policies, and proof of
efforts to secure funding /assistance for structural renovations or equipment.
39. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the City
- will maintain the accessibility of its programs, activities, services, facilities, and
equipment, and will take whatever actions are necessary (such as routine testing of
accessibility equipment and routine accessibility audits of its programs and facilities) to
do so. This provision does not prohibit isolated or temporary interruptions in service or
access due to maintenance or repairs. 28 C.F.R. § 35.133(b).
40. Within 1 year of the effective date of this Agreement, the City will develop or procure
two -hour training program on the requirements of the ADA and appropriate ways of
serving persons with disabilities. The City will use the ADA technical assistance
materials developed by the Department and will consult with interested persons,
including individuals with disabilities, in developing or procuring the ADA training
program.
41. Within 2 year of the effective date of this Agreement, the City will deliver its training
program to all City employees who have direct contact with members of the public. At
the end of that period, the City will submit a copy of its training curriculum and materials
to the Department, along with a list of employees trained and the name, title, and address
of the trainer.
Page 9 of I 1
IMPLEMENTATION AND ENFORCEMENT
42. If at any time the City desires to modify any portion of this Agreement because of
changed conditions making performance impossible or impractical or for any other
reason, it will promptly notify the Department in writing, setting forth the facts and
circumstances thought to justify modification and the substance of the proposed
modification. Until there is written Agreement by the Department to the proposed
modification, the proposed modification will not take effect. These actions must receive
the prior written approval of the Department, which approval will not be unreasonably
withheld or delayed.
43. The Department may review compliance with this Agreement at any time. If the
Department believes that the City has failed to comply in a timely manner with any
requirement of this Agreement without obtaining sufficient advance written agreement
with the Department for a modification of the relevant terms, the Department will so
notify the City in writing and it will attempt to resolve the issue or issues in good faith. If
the Department is unable to reach a satisfactory resolution of the issue or issues raised
within 30 days of the date it provides notice to the City, it may institute a civil action in
federal district court to enforce the terms of this Agreement, or it may initiate appropriate
steps to enforce title II and section 504 of the Rehabilitation Act.
44. For purposes of the immediately preceding paragraph, it is a violation of this Agreement
for the City to fail to comply in a timely manner with any of its requirements without
obtaining sufficient advance written agreement with the Department for an extension of
the relevant time frame imposed by the Agreement.
45. Failure by the Department to enforce this entire Agreement or any provision thereof with
regard to any deadline or any other provision herein will not be construed as a waiver of
the Department's right to enforce other deadlines and provisions of this Agreement.
46. This Agreement is a public document. A copy of this document or any information
contained in it will be made available to any person by the City or the Department on
request.
47. This Agreement constitutes the entire agreement between the parties on the matters raised
herein, and no other statement, promise, or agreement, either written or oral, made by
either party or agents of either party, that is not contained in this written Agreement
(including its Attachments, which are hereby incorporated by reference), will be
enforceable. This Agreement does not purport to remedy any other potential violations
of the ADA or any other federal law. This Agreement does not affect the City continuing
responsibility to comply with all aspects of the ADA and section 504 of the
Rehabilitation Act.
48. This Agreement will remain in effect for four years.
Page 10 of 11
f
49. The person signing for die City represents that he or she is authorized to bind the City to
this Agreement.
50. The effective date of this Agreement is the date of the last signature below.
For the City of San Luis Obispo, For the United States:
California:
:l.
R. ALEXANDER ACOSTA,
Assistant Attorney General for Civil Rights
By.
JOHN L. WODATCH, Chief
JEANINE WORDEN, Deputy Chief
MARY LOU MOBLEY, Special Projects Attorney
JOSH MENDELSOHN, Supervisory Attorney
DANA JACKSON, Investigator
MICHELE ANTONIO MALLOZZI, Architect
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYA
Washington, DC 20530
Date: Dater
Page I I of I I
�? �'YLv����
c» O �
C
RESOLUTION NO. 9607 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
OPPOSING THE GAMING REVENUE ACT OF 2004
WHEREAS, the Gambling Revenue Act of 2004 is a statewide proposition that would
allow eleven privately owned card clubs and five privately owned horseracing tracks to convert
their existing facilities into large Las Vegas -style casinos with a total of 30,000 slot machines and
other gambling devices at those facilities; and
WHEREAS, it would give these card clubs and racetrack owners a permanent,
constitutional right to build large, Las Vegas style casinos in city and suburban neighborhoods
throughout the state without limitation or control by local communities; and
WHEREAS, funds generated by this measure cannot be used to reduce existing budget
deficits of the State of California or of individual cities and counties, and the measure denies
cities and counties the right to use funds where local governments determine they are most
needed;and
WHEREAS, according to the former California. State Auditor General, the funding this
measure provides for local police, sheriff and fire departments is "exclusively" for "additional'
personnel and cannot be used for any other purpose such as equipment, support, training,
supervision and other necessary expenditures required to support new personnel; and
WHEREAS, according to the former State Auditor General, cities and counties must use
existing budget dollars to establish a baseline or maintenance of effort expenditure for child
protective services, sheriffs, police officers and firefighters to be eligible for any new funds
generated by the measure which could end up worsening local budget problems; and
WHEREAS, the League of California Cities, the California Police Chiefs Association
and other law enforcement organizations strongly oppose the proposition because of the issues
stated herein and as a result of a significant concern to public safety due to the threat of increased
crime created by the measure.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo opposes the Gambling Revenue Act of 2004, also known as Proposition 68.
Upon motion of Council Member Settle, seconded by Council Member Ewan,
and on the following roll call vote:
AYES: Council Members Ewan and Settle, Vice Mayor Schwartz and
Mayor Romero
NOES: Council Member Mulholland
ABSENT: None
R 9607
Resolution No. 9607 (2004 Series)
Page 2
The foregoing resolution was adopted this 7t' day of September, 2004.
o
Mayor David F. Romero
ATTEST:
-�Z?//Jx 4 �
Audrey H per
City Cler
APPROVED AS TO FORM:
Ej;iWa'n P. Lowell
City Attorney
0
yd CON
�D
I
(V L&
S
RESOLUTION NO. 9606 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
SUPPORTING PROPOSITION 1A
WHEREAS, state government currently seizes more than $5.2 billion annually in local
property tax funds statewide from cities, counties and special districts, costing local governments
more than $40 billion in lost revenues over the past 12 years; and
WHEREAS, these ongoing shifts and raids by the state of local property tax funds and
other funding dedicated to local governments have seriously reduced resources available for
local fire and paramedic response, law enforcement, public health and emergency medical care,
roads, parks, libraries, transportation and other essential local services; and
WHEREAS, these funding raids also add pressure for local governments to increase fees
and taxes to maintain basic local service levels; and
WHEREAS, this drain of local resources has continued even during periods when the
state's budget has been overflowing with surpluses; and
WHEREAS, Proposition 1A is a historic measure that will appear on the November
2004 statewide ballot that would limit the State's ability to take and use local government
funding; and
WHEREAS, by protecting local government funding, Prop 1A would protect local
public safety, healthcare and other essential local services; and
WHEREAS, Prop 1A will not raise taxes and, in fact, will help reduce pressure for local
fee and tax increases by limiting state raids of local government funding; and
WHEREAS, Prop 1A does not reduce funding for schools or any other state program or
service, and Prop 1A was carefully written to allow flexibility in the event of a state budget
emergency; and
WHEREAS, Prop 1A is supported by a bipartisan, diverse coalition including Governor
Schwarzenegger, Democrat and Republican legislative leaders, local government officials, public
safety representatives, healthcare, business, labor and community leaders;
BE IT RESOLVED BY THE, City Council of the City of San Luis Obispo that we
hereby express strong support for Proposition 1A, the statewide ballot initiative that will prevent
the state from further taking local government revenues; and
ff 'e1•
C-
Resolution No. 9606 (2004 Series)
Page 2
BE IT FURTHER RESOLVED that Proposition 1A will render Proposition 65
unnecessary and therefore the City Council hereby withdraws its support for Proposition 65; and
RESOLVED FURTHER, that the City Clerk shall send a copy of this resolution to Yes
on 1A - Californians to Protect Local Taxpayers and Public Safety. Fax: 916 -442 -3510 or 1121 L
Street, #803, Sacramento, CA 95814
Upon motion of Council Member Settle, seconded by Council Member Mulholland, and
on the following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 7u' day of September, 2004.
Mayor David F. Romero
ATTEST:
Audrey Hoope
City Clerk
APPROVED AS TO FORM:
J ath P. Lowell
City Attorney
1�jc�EC�
(.��,,.��e yr Ca• �t�-S
es " 071 r�(U j� � f will S(-Fyi
N
C
RESOLUTION NO. 9605 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING A BICYCLE RACK DONATION PROGRAM
WHEREAS, the Bicycle Advisory Committee and City staff have identified a need for
additional short-term bicycle racks for use by the general public within the City of San Luis
Obispo; and
WHEREAS, the City has been contacted by the Hoadley Design Group, a local company
that manufactures a unique staggered bicycle rack design for 4, 6, or 8 bicycles and has offered to
work with the City to develop a bicycle rack donation program utilizing their unique staggered
design; and
WHEREAS, the Bicycle Advisory Committee has reviewed the Hoadley Design Group
staggered bicycle rack design and supports its use for short-term bicycle parking and inclusion in
a City bicycle rack donation program; and
WHEREAS, individuals, groups, and businesses have indicated a willingness to donate
bicycle racks with donation plaques, and
WHEREAS, it is an acceptable and appropriate practice to accept donations in
compliance with the City's Donation Acceptance Policy, in order to enhance City programs
and/or facilities to provide a higher level of service to the public.
BE IT RESOLVED by the Council of the City of San Luis Obispo hereby adopts a
bicycle rack donation program, herein attached as Exhibit A.
Upon motion of Council Member Settle, seconded by Council Member Mulholland,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
I: •.1
Resolution No. 9605 (2004 Series)
Page 2
The foregoing resolution was adopted this 7`h day of September, 2004.
J�f /ems i
Mayor David F. Romero
ATTEST:
(24,6'e" 4UL
Audrey Ho er
City Clerk
APPROVED AS TO FORM:
Jonatha . Lowell
City Attomey
EXHIBIT A
CITY OF SAN LUIS OBISPO
BICYCLE RACK DONATION PROGRAM
The bicycle rack donation program shall utilize racks that have been approved by the City's
insurance carrier and include the following design features:
a) Features for easy loading and locking of bicycles; and
b) minimal space requirements; and
c) wheel reinforcement to reduce the potential damage to bicycle wheels; and
d) low maintenance; and
e) vandal resistant; and
f) powder coated steel; and
g) incorporation of a donation plaque into the design; and
h) provision of a 36 inch high barrier at the rear of the rack for placement next to walkways.
Such a design is currently being offered by the Hoadley Design Group.
The following bicycle rack donation program guidelines shall be followed:
1. Donations shall comply with the City's Donation Acceptance Policy.
2. City staff shall set the donation cost and the cost shall include funds for maintenance
and installation so as not to add to the City staff's workload.
3. Bicycle rack locations shall be approved by City staff prior to installation. Racks
shall be located so as not to block accessible paths or interfere with special event
activities.
4. Bicycle racks installed within the downtown shall be powder- coated forest green in
color.
5. Bicycle racks, if located in Mission Plaza, shall comply with the Memorial Bench
Policy for Mission Plaza and be located on the periphery of the Plaza in order to
protect its pedestrian character and use.
0 �
RESOLUTION NO. 9604 (2004 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) FOR
FUNDING UNDER THE CALHOME PROGRAM (PROPOSITION 46); THE
EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING
AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS
NECESSARY TO PARTICIPATE IN THE CALHOME PROGRAM
WHEREAS, the City of San Luis Obispo, a political subdivision of the state of California,
wishes to apply for and receive an allocation of funds through the CalHome Program; and
WHEREAS, HCD has issued a Notice of Funding Availability (NOFA) for the CalHome
program established by Chapter 84, Statutes of 2000 (SB 1656 Alarcon), and codified in Chapter 6
(commencing with Section 59650) of Part 2 of Division 31 of the Health and Safety Code (the
"statute "); and
WHEREAS, pursuant to the statute, HCD is authorized to approve funding allocation using
monies made available by the State Legislature to the CalHome program, subject to the terms and
conditions of the statute and the CalHome Program Regulations adopted by HCD on August 15,
2003; and
WHEREAS, the City of San Luis Obispo wishes to submit an application to obtain from
HCD an allocation of Cal Home funds in the amount of $500,000; and
WHEREAS, the City's Housing Element contains policies and programs to actively pursue
State grants available through Proposition 46.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
1. Authorizes the filing of an application to HCD to participate in the CalHome
Program in response to the NOFA issued on July 15, 2004; and
2. Directs that the application will request a funding allocation of Cal Home funds in
the amount of $500,000 to provide mortgage assistance to low- income first -time home buyers in
the City of San Luis Obispo.
3. Agrees that if the application is approved, use the CalHome funds for eligible
activities in the manner presented in the application as approved by HCD and in accordance with
program regulations cited above. The City may also execute any and all other instruments
necessary or required by HCD for participation in the CalHome Program.
R 9604
Resolution No. 9604 (2004 Series)
Page 2
4. Authorizes the Chief Administrative Officer to execute in the name of the City of San Luis
Obispo, the application, the Standard Agreement, and all other documents required by HCD for
participation in the CalHome Program, and any amendments thereto.
On motion of Council Member Settle, seconded by Council Member Mulholland and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed adopted this 7's day of September 2004.
Mayor David F. Romero
ATTEST:
"-4
Audrey Ho er
City Cler
APPROVED AS TO FORM:
Jo an P. Lowell
City Attorney
IOU T dr1a_, (131
J �
C��
C;
RESOLUTION NO. 9603 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
REQUESTING THAT THE ELECTED REPRESENTATIVES OF THE UNITED
STATES AND THE STATE OF CALIFORNIA ALLOCATE FUNDS TO RESEARCH,
MONITOR AND ELIMINATE WEST NILE VIRUS IN CALIFORNIA
WHEREAS, West Nile virus is a mosquito -borne disease that, when transmitted to
humans, can cause severe illness, neurological damage, and possible death, especially in the
young, the elderly, and the immunocompromised; and
WHEREAS, West Nile virus has caused the deaths of at least four people with the State
of California, and infected over one hundred more; and
WHEREAS, West Nile virus continues to spread rapidly throughout the state with new
discoveries of infected humans, birds, horses, and mosquito pools everyday almost daily; and
WHEREAS, the California State Senate has proposed Senate Joint Resolution (SJR) 33
calling for the Federal government to make funds available for the research, monitoring and
elimination of West Nile virus; and
WHEREAS, there currently is no program for grant funding for counties without Vector
Control Agencies to help control the spread of West Nile virus; and
WHEREAS, the United States Health and Human Services Agency has primary
jurisdiction for protecting the health of all Americans and providing essential human health
services for national health emergencies and has made emergency funds and grants available
since 1999 specifically for the purpose of aiding states in the fight against West Nile virus.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the Legislature of the State of California requests the President of the United States,
the Director of the Federal Emergency Management Agency, the Secretary of the United States
Department of Agriculture, and the Secretary of the United States Health and Human Services
Agency to make available federal funds for the purposes of surveillance, prevention, abatement,
and control of mosquitoes in California; and be it further
RESOLVED, that these funds be made available immediately to aid in the fight against West
Nile virus in the State of California for the protection of the public health and welfare; and be it
further
RESOLVED, that the City Clerk transmit copies of this resolution to the local elected
representatives of the United States Government and the State of California.
R 9603
Resolution No. 9603 (2004 Series)
Page 2
Upon motion of Council Member Settle, seconded by Council Member Ewan,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland, Settle, Vice Mayor Schwartz and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 315` day of August, 2004.
Mayor David F. Romero
Audrey Hoo
City Clerk
APPROVED AS TO FORM:
J nath P. Lowell
City Attorney
\` ?A tut. uoml'r S
n
��.' i'e,si�s —i5� � U-C�Q �- 1.1,5' *3Vf' CC.ldntiul�S'���.�-��-n w i l( Su1d `�f C��-�' �Z�•� -1�
U U
September 1, 2004
Chairperson Harry Ovitt
Supervisor Shirley Bianchi
Supervisor Peg Pinard
Supervisor K. H. Achadjian
city of s Luis oBispo
Supervisor Mike Ryan
County Board of Supervisors
County Government Center
San Luis Obispo, CA 93408
OFFICE OF THE CITY COUNCIL
990 Palm Street o San Luis Obispo, CA 93401 -3249 ■ 8051781 -7119
Dear Chairperson Ovitt and members of the Board of Supervisors:
On August 31, 2004, our City Council held a special meeting to discuss mosquitoes, particularly in the Laguna
Lake area, and the overall West Nile Virus problem The County's Public Health Director, Dr. Gregory Thomas,
was very helpful to our staff in preparing for the meeting and in presenting the information to the Council.
Our Council approved the attached resolution, asking that the San Luis Obispo County Board of Supervisors
support the formation of a vector control district. As you know, we are one of the few counties in the State without
the protection of either a mosquito or vector control district. While you may have had good reasons for the earlier
deferral of district consideration, With the presence of West Nile Virus, we feel strongly that the time has arrived for
action.
In recent months, our respective staffs' have worked collaboratively to address the mosquito problem at Laguna
Lake due to the potential health hazards involved. Traditionally, however, public health has been the responsibility
of County government. Unfortunately, as we know too well, State takeaways and other fiscal pressures have
caused many counties to retrench, or totally withdraw, from traditional county responsibilities. Therefore, while we
recognize that the County cannot simply launch a new, major program with your already strained general fund,
your Board can make the decision to bring this issue to voters. We believe that voters, given the choice and enough
information, will support providing you with the resources needed to fulfill your public health mission as it relates
to mosquitoes and other health related pests.
Therefore, the San Luis Obispo City Council respectfully requests Board action to place a vector control district —
or at least a mosquito control program assessment measure — before the voters of the County at the earliest possible
time. Even with timely action on the part of the Board and subsequent voter approval, the City is concerned that we
are already late in addressing the West Nile problem. In the meantime, We continue to appreciate the efforts of
your staff and we will continue to work collaboratively with them with the resources now available to us.
Sincerely yours,
David Romero
Mayor
cc: City Council, Dr. Gregory Thomas, City Staff Distribution
RESOLUTION NO. 9602 (2004 Series)
. A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
REQUESTING THAT THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS
SUPPORT THE FORMATION OF A VECTOR CONTROL DISTRICT
WHEREAS, it has been found that the disease West Nile virus, a serious threat to the
health of our community, has been discovered within San Luis Obispo County; and
WHEREAS, West Nile virus has caused the deaths of at least four people with the State
of California, and infected over one hundred more; and
WHEREAS, the West Nile virus is spread to people and animals by mosquitoes infected
with the disease; and
WHEREAS, other health problems associated with mosquitoes and other pests can only
be effectively addressed in a regional fashion; and
WHEREAS, the County of San Luis Obispo is one of the only counties within the State
that currently does not have a Vector Control District in place.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the formation of a Vector Control District within the County of San Luis Obispo
should have a high priority with the Board of Supervisors and should be authorized for voter
approval at the earliest possible time.
Upon motion of Council Member Settle, seconded by Council Member Ewan,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 315` day of August, 2004.
Mayor David F. Romero
ATTEST:
(JI".. / tt
.tni 21'7..,i.
Audrey Hoer
City Clerk
C'•1
Resolution No. 9602 (2004 Series)
Page 2
APPROVED AS TO FORM:
Jo ath . Lowell
City Attorney
n
-� h��aU X11 Cra- -o �' /����vf�l c��
RESOLUTION NO. 9601 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING FUNDING TO TWENTY SEVEN AGENCIES IN THE AMOUNT OF
$1347191 FOR FISCAL YEAR 2004 -05 THROUGH THE HUMAN RELATIONS
COMMISSION
WHEREAS, the City of San Luis Obispo supports non - profit agencies which provide
human and social services to the residents of the City of San Luis Obispo through its annual
Grants -In -Aid process; and
WHEREAS, funding for the Human Relations Commission Grants -In -Aid program has
been included in the 2004 -05 Financial Plan for the City of San Luis Obispo
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That agencies attached hereto marked "Exhibit A" shall be provided
funding as is designated in the same attachment.
SECTION 2. Staff is directed to prepare contracts for each agency identified in "Exhibit
A," and the City Administrative Officer is authorized to execute the contracts.
Upon motion of Council Member Mulholland, seconded by Council Member Ewan,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, and Mayor Romero
NOES: None
ABSENT: Vice Mayor Schwartz
The foregoing resolution was adopted this 17`s day of August, 2004.
Mayor David F. Romero
ATTEST:
Diane Remolds; Ac 'ng City Clerk
!n99:Z91T0 p3mi IC6]0i);l►a
Jo a ,bZP. Lowell
City Attorney
HUMAN RELATIONS COMMISSION
2004 -05 GRANTS -IN -AID RECOMMENDATIONS
1. A.L.P.H.A. PREGNANCY COUNSELING and FAMILY SUPPORT CENTER
2003-04 Grant. Amount:
2004 -05 Request:
2004 -05 HRC Recommendation:
$ 0
$ 2,000
$. 0
EXHIBIT A
Page 1 of 8
ALPHA is requesting $2,000 for rent deposits for pregnant women in crisis or women with children under the age of
four years who are homeless. ALPHA provides educational counseling, maternity clothes and baby supplies.
The HRC is not recommending funding for this request because the grant the application did not meet the criteria
outlined in the GIA Guidelines.
2. AIDS SUPPORT NETWORK
2003 -04 Grant Amount:
2004 -05 Request:
2004 -05 HRC Recommendation:
$10,000
$13,798
$ 13,798
Aids Support Network (ASN) is requesting $13,798 which will allow the agency to: (1.) address the growing need for
community education regarding prevention and treatment of HIV /AIDS; (2.) allow the ASN to maintain and preserve
the "Positively Speaking" -ASN Speakers Bureau as well as expanding AIDS Awareness activities including events at
Cuesta College, Cal Poly, local grocery stores, food drives, and updating the in -house HIV /AIDS library resources,
and (3.) further develop and maintain its hepatitis C educational resources and lending library. In addition this funding
will provide utility subsidies and facilities operational support to the 22 agency owned or controlled low- income
housing units. All 22 units are located in the City of San Luis Obispo;
The HRC is recommending a grant of $13,798 which is $3,798 more than the prior year and will fully fund the
request.
3. AMERICAN RED CROSS
2003 -04 Grant Amount:
2004 -05 Request:
2004 -05 HRC Recommendation:
$ 4,500
$ 6,000
$ 6,000
The San Luis Obispo County American Red Cross is requesting $6,000 to continue operation of basic ongoing
disaster assistance services. Grant funds will support, in part: emergency relief services; replacement of fundamental
personal and household items lost during disasters; strengthen the SLO City Disaster Action Team (DAT) through
recruitment.and training; the purchase of supplies, materials and equipment needed for emergency response; Armed
Forces Emergency Services; Health and Safety training in CPR, First Aid, Water Safety, Babysitting and HIV /AIDS
education; and to recruit and train instructors for the above programs, and increase the number of classes and
training.
The HRC is recommending a grant of $6,000 which represents a $1,500 increase over the prior year and will fully
fund the request.
1
�) EXHIBIT A
Page 2 of 8
4. ASSISTANCE LEAGUE OF SAN LUIS OBISPO COUNTY
2003 -04 Grant Amount: $ 6,000
200405 Request: $ 6,630
200405 HRC Recommendation: $ 6,000
The Assistance League is requesting $6,630 for Operation School Bell. Through this program new clothing is
purchased, maintained at their distribution sites, and then given to children referred to them by local schools and
social services agencies. Many of these children have never owned new clothing and this service appears to
enhance their self- esteem. The Assistance League is the only agency in the county offering this service to grammar
school children.
The HRC is recommending a grant of $6,000 which is consistent with the prior year and will partially fund the request.
5. BIG BROTHERSJBIG SISTERS
2003 -04 Grant Amount:
2004 -05 Request:
2004 -05 HRC Recommendation:
$ 4,000
$ 5,000
$ 4,500
Big Brothers/Big Sisters is requesting $5,000 to enhance recruitment efforts to attract Big Brothers /Sisters for the
many "Littles" they have on their waiting list (currently 64). They will also upgrade volunteer Mentor Training and hire
a staff member to bolster the capacity of their current staffing level (4 full -time) to match the "brand new thinking" that
emphasizes the "friend" component of Matches.
The HRC is recommending a grant of $4,500 which is $500 more than the prior year and will partially fund the
request.
6. CAMP FIRE USA CENTRAL COAST COUNCIL
2003 -04 Grant Amount:
200405 Request:
2004 -05 HRC Recommendation:
$ 2,000
$ 2,500
$ 2,000
The Camp Fire Council is requesting $2,500 for the SLO Area Classic & Community Club programs for Kindergarten
through 1 e grade boys and girls. Currently they have one Community Club at Hawthorn School in SLO, which is run
by a paid staff member, meets right after school and is open to children regardless of ability to pay, parent
participation, or their school of attendance. This is an extension of the more traditional Classic Club program, which
relies solely on volunteer leaders and parent participation. Camp Fire USA provides youth development programs
and services to youth and families.
The HRC is recommending a grant of $2,000 which is consistent with the prior year and will partially fund the request.
7. CARING CALLERS PROGRAM OF SENIOR VOLUNTEER SERVICES, INC.
2003 -04 Grant Amount:
2004 -05 Request:
2004 -05 HRC Recommendation:
$ 1,700
$ 2,000
$ 2,000
Caring Callers is requesting $2,000 to supplement the operating expenses of the Caring Callers Program with such
expenses as rent, postage, worker's compensation and training materials. Funding also serves as a local match for
Federal and State funds. Caring Callers is an in -home visiting program serving seniors who are frail and homebound.
The HRC is recommending a grant of $2,000 which is $300 more than the prior year and will fully fund the request.
2
EXHIBIT A
Page 3 of 8
8. CASA SOLANA
2003 -04 Grant Amount $ 3,800
2003 -04 Request $ 5,000
2003 -04 Recommendation $ 3,800
Casa Solana is requesting $5,000 to fund the cost of the 12 -Step recovery program workbooks (based on Alcoholics
Anonymous) and materials that each person uses and must complete to "graduate" from Casa I. Casa Solana is a
social model residential recovery program for women addicted to alcohol and/or drugs.
The HRC is recommending a grant of $3,800 which is consistent with the prior year and will partially fund the request.
9. COMMUNITY COUNSELING CENTER (formally FAMILY SERVICES CENTER)
2003 -04 Grant Amount:
2004 -05 Request:
2004 -05 HRC Recommendation:
$ 3,500
$ 4,500
$ 4,500
The Family Services Center is requesting $4,500 to support the operational expenses of their short term counseling
and referral programs for low — moderate income individuals and families of SLO County. The funds will be
expended on rent, liability insurance, and administrative staff salaries. Their programs help to build strong families
and individuals through supportive, affordable, confidential counseling.
The HRC is recommending a grant of $4,500 which is $1,000 more than the prior year and will fully fund the request.
10. COURT APPOINTED SPECIAL ADVOCATES (CASA) OF SLO COUNTY, INC. dba Voices for Children
2003 -04 Grant Amount:
2004 -05 Request:
2004 -05 HRC Recommendation
$ 0
$ 7,600
$ 6,300
Voices for Children is requesting $7,600 to support the operating expense of rent which has increased $21,780 in the
last year. This allows them to channel other resources to support the CASA Advocacy and continue to expand their
capacity to serve the children currently on their waiting list. CASA recruits, screens, trains, and supervises
community volunteers to advocate for children under the jurisdiction of the juvenile court due to child abuse and
neglect.
The HRC is recommending a grant of $6,300 which will partially fund the request. They did not apply last year but
have in prior years.
11. EASTER SEALS TRI- COUNTY
2003 -04 Grant Amount:
2004 -05 Request:
2004 -05 HRC Recommendation:
$ 2,500
$ 3,000
$ 2,500
Easter Seals Tri- County is requesting $3,000 for the Care and Treatment Program which provides direct financial
assistance to those children and adults in the community that have a physical, sensory or developmental disability.
They provide financial assistance for an unmet medical or therapeutic service, due to the lack of medical coverage.
Easter Seals creates solutions and changes the lives of residents with disabilities.
The HRC is recommending a grant of $2,500 which is consistent with the prior year and will partially fund the request.
3
(� EXHIBIT A
Page 4 of 8
12. ENHANCEMENT, INCORPORATED
2003 -04 Grant Amount:
2004 -05 Request:
2004 -05 HRC Recommendation:
$ 0
$ 3,500
$0
Enhancement, Incorporated is requesting $3,500 to cover the costs of producing an educational video on
lymphedema. The video would consist of a 3 -hour continuing education seminar for the medical community and
selected interviews. In addition it could be played at various educational events and on Public Access TV.
The HRC is not recommending funding this grant because funding a video production was not considered
appropriate use of funds even though it is a worthwhile project. In addition, it was difficult to determine how many
residents of the City of San Luis Obispo would benefit from this project.
13. EOC HEALTH SERVICES "FORTY WONDERFUL PROJECT"
2003 -04 Grant Amount:
2004 -05 Request:
2004 -05 HRC Recommendation:
$ 3,000
$ 3,090
$ 3,000
The EOC Health Services Forty Wonderful Project is requesting $3,090 to improve access to medical services,
promote early detection and intervention of chronic diseases, and reduce mortality for low- income women, age 40
and over. Early detection of life- threatening cancer is a high priority. This program is a division of the EOC and
provides basic preventative health care for county citizens.
The HRC is recommending a grant of $3,000 which is consistent with the prior year and will partially fund the request.
14. EOC CHILD CARE RESOURCE CONNECTION (CCRC)
2003 -04 Grant Amount:
2004 -05 Request:
2004 -05 HRC Recommendation:
$ 5,500
$ 5,665
$ 5,000
The EOC -CCRC is requesting $5,665 to develop and provide quality training opportunities for child care providers
who are interested in increasing their knowledge of Health and Nutrition Awareness, Infant & Toddler Care, Creative
Curriculum, and advanced care - giving ideas. These training opportunities will provide support to new providers
entering the child care field, provide supportive services and training to existing child care providers, and facilitate
provider retention in the child care field.
The HRC is recommending a grant of $5,000 which represents a $500 decrease over the prior year and will partially
fund the request.
15. EOC HEALTH SERVICES "SENIOR HEALTH SCREENING"
2003 -04 Grant Amount:
2004 -05 Request:
200405 HRC Recommendation:
$ 0
$ 3,100
$ 3,000
The EOC Health Services Senior Health Screening program is requesting $3,100 to continue the promotion and
maintenance of health, early detection and prevention of chronic disease for low- income seniors age 50 and older.
Funds will be used to support staff time, transportation costs and program supplies such as medical equipment and
supplies, copying and mailing of calendars, and the printing and distribution of brochures.
The HRC is recommending a grant of $3,000 which will partially fund the request. There was no application last year
but they have received grants in the past.
N
16. GAY AND LESBIAN ALLIANCE OF THE CENTRAL COAST (GALA)
2003-04 Grant Amount:
2004 -05 Request:
2004 -05 HRC Recommendation:
$ 3,084
$ 3,045
$ 3,045
EXHIBIT A
Page 5 of 8
GALA is requesting $3,045 to continue and enhance the development of GALA's Youth Project and to assist in
funding the 2nd annual LGBTQ Youth Empowerment Conference. The Project will draw upon leaders and role
models to educate, mentor, empower and inspire LGBTQ youth. GALA's mission is to build and maintain a healthy
gay, lesbian, bisexual, and transgender community that promotes a positive image through visibility, education and
community involvement.
The HRC is recommending a grant of $3,045 which is a decrease of $39 from the previous year but will fully fund the
request.
17. HOSPICE OF SLO COUNTY
2003-04 Grant Amount:
2004 -05 Request:
2004 -05 HRC Recommendation:
$ 6,000
$ 8,200
$ 6,000
Hospice of SLO County is requesting $8,200 to expand its Supportive Music Program by expanding the hours of the
Supportive Music Coordinator to 20 hours /week. Staff will then have more time to recruit, train and supervise more
volunteers and implement an expansion of the program. Hospice provides supportive services to the seriously ill,
their families, and those grieving the loss of a loved one.
The HRC is recommending a grant of $6,000 which is consistent with the prior year and will partially fund the request.
18. HOSPICE PARTNERS OF THE CENTRAL COAST
2003-04 Grant Amount:
2004 -05 Request:
2004 -05 HRC Recommendation:
$ 0
$ 7,115
$ 0
Hospice Partners of the Central Coast is requesting $7,115 to provide trained "first responders" for Critical Incident
Stress Management (CISM) to individuals and groups when faced with a critical incident or traumatic crisis. This
grant would cover training costs, staffing and "to go bags" for victims.
The HRC is not recommending funding this grant because it is a duplication of existing services offered elsewhere in
the County.
19. HOTLINE OF SLO COUNTY
2003-04 Grant Amount:
2004 -05 Request:
2004 -05 HRC Recommendation
$ 0
$ 6,500
$ 6,500
Hotline of SLO County is requesting $6,500 to offset agency operational expenses, which include rent, telephone,
postage, outreach, advertising/publicity, volunteer training and printing/duplicating the Human Services Directory.
The HRC is recommending a grant of $6,500 which will fully fund the request. There was no application last year but
they have received funds in the past.
5
C
20. LONGTERM CARE OMBUDSMAN SERVICES
2003- 04Grant Amount:
200405 Request:
2004 -05 HRC Recommendation:
$ 3,500
$ 3,500
$ 3,500
EXHIBIT A
Page 6 of 8
Long -term Care Ombudsman Services is requesting $3,500 to continue to provide timely responses to service
requests to facility residents and to provide those residents with additional services required by unfunded State and
Federal mandates and to expand current services and allow for staff time to develop new programs. Long Term Care
Ombudsman Services is authorized by the State and Federal government to be the primary agency in SLO County to
provide complaint investigations and resolutions in long term care facilities.
The HRC is recommending a grant of $3,500 which is consistent with the prior year and will fully fund the request.
21. SENIOR LEGAL SERVICES PROJECT
2003 -04 Grant Amount:
2004 -05 Request:
2004 -05 HRC Recommendation:
$ 1,300
$ 1,902
$ 1,900
SLO Legal Alternatives (SLOLAC) is requesting $1,902 to continue with the provision of free legal services to low and
moderate income seniors. The funds will serve as a local match for funds contributed by the Area Agency on Aging
and will enable Senior Legal Services to provide outreach appointments at senior centers throughout the County,
telephone advice and referral, office consultations and public presentations.
The HRC is recommending a grant of $1,900 which is an increase of $600 from the prior year and will fully fund the
request.
22. SENIOR NUTRITION PROGRAM OF SAN LUIS OBISPO COUNTY
2003 -04 Grant Amount:
2004 -05 Request:
2004 -05 HRC Recommendation:
$ 3,000
$ 3,250
$ 3,250
Senior Nutrition Program is requesting $3,250 for on -going operational expenses associated with the provision of
nutritious noon meals to senior citizens of San Luis Obispo. Funding will be used to help provide nutritious meals to
senior citizens in the City of San Luis Obispo at the Anderson Hotel and delivery to the frail homebound seniors
throughout the city.
The HRC is recommending a grant of $3,250 which is an increase of $250 from the prior year and will fully fund the
request.
23. (RETIRED) SENIOR VOLUNTEER PROGRAM (RSVP)
2003 -04 Grant Amount:
2004 -05 Request:
2004 -05 HRC Recommendation:
$ 1,800
$ 1,800
$ 1,800
RSVP is requesting a grant of $1,800 to continue its current level of support to the community as well as assist the
program in meeting the local funding match for Federal funds. Most of the funds will be used to cover various liability
insurance costs. RSVP recruits volunteers aged 55+ for community service in hospitals, nonprofit organizations and
public agencies.
The HRC is recommending a grant of $1,800 which is consistent with the prior year and will fully fund the request.
24. SEXUAL ASSAULT RECOVERY AND PREVENTION (SARP)
2003 -04 Grant Amount:
2004 -05 Request:
2004 -05 HRC Recommendation:
$ 6,000
$ 6,900
$ 6,500
EXHIBIT A
Page 7 of 8
SARP is requesting $6,900 to support general operational expenses necessary to provide crisis intervention
counseling and in- person counseling to survivors of sexual assault. Funding will be used for counseling materials,
answering services, pager, telephone, and utility expenses, bookkeeping and audit services, office supplies, rent and
utility expenses. SARP contributes to community safety by reducing the devastation of sexual violence through
counseling and community prevention programs.
The HRC is recommending a grant of $ 6,500 which is an increase of $500 over the prior year and will partially fund
the request.
25. SLO CHILD DEVELOPMENT CENTER
2003 -04 Grant Amount:
2004-05 Request:
2004 -05 HRC Recommendation
$ 9,500
$12,100
$12,100
The Child Development Center is requesting $12,100 to provide materials, supplies, and operational costs for their
various children's programs which include: supplies for the 11 -hour per day children's program; children's community
field trips; children's incentive programs; parent/family activities; and emergency health and safety supplies. The
Child Development Center provides therapeutic child care, comprehensive child development services and child
abuse prevention, intervention, and treatment services to below poverty, high -risk children/families.
The HRC is recommending a grant of $12,100 which is a $2,600 increase over the prior year and will fully fund the
request.
26. THE LITERACY COUNCIL - ENGLISH AS A SECONDARY LANGUAGE
2003 -04 Grant Amount:
2004 -05 Request:
200405 HRC Recommendation:
$ 5,400
$ 6,000
$ 5,650
The San Luis Obispo Literacy Council is requesting $6,000 to continue to: expand and enhance literacy services at
their three City of SLO Learning Centers; continue the referral system for literacy clients at the Prado Day Center on a
referral basis; and develop new programs as opportunities present themselves. The Literacy Council recruits and
prepares volunteer tutors who provide instruction in development of English language communication skills.
The HRC is recommending a grant of $5,650 which represents an increase of $250 over the prior year and will
partially fund the request.
27. TRANSITIONS — MENTAL HEALTH ASSOCIATION
2003 -04 Grant Amount:
200405 Request:
200405 HRC Recommendation:
$ 4,725
$ 4,725
$ 4,725
Transitions - Mental Health is requesting $4,725 to increase the numbers of residents served by increasing the amount
of paid shifts available for mentally ill adults in the Growing Grounds businesses. TMHA provides housing,
employment, case management, homeless outreach and life skills support to at -risk youth and local community
members who have a mental illness.
The HRC is recommending a grant of $4,725 which is consistent with the prior year and will fully fund the request.
7
28. WILSHIRE FOUNDATION'S SENIOR PEER COUNSELING
2003 -04 Grant Amount:
2004 -05 Request:
2004 -05 HRC Recommendation:
EXHIBIT A
J Page 8 of 8
$ 2,200
$ 3,000
$ 3,000
Senior Peer Counseling is requesting $3,000 to train seniors as volunteer counselors to provide free mental and
emotional health services to seniors in the privacy of their own homes. Specifically, the funds will be used to support
the extensive 10 -week, 60 -hour training program. In addition, funds will be used to expand outreach and education to
potential clients and some operational costs.
The HRC is recommending a grant of $3,000 which is an $800 increase over the prior year and will fully fund the
request.
29. WOMEN'S COMMUNITY CENTER OF SLO COUNTY
2003 -04 Grant Amount:
2004 -05 Request:
2004 -05 HRC Recommendation:
$ 0
$ 2,780
$ 1,323
The Women's Community Center is requesting $2,780 to cover the shortfall of printing costs over revenue for their
Women's Press newsletter. Future plans include increasing advertising revenues to fully cover the newsletter
expenses. The Women's Community Center serves as a focal point in the county to collect and exchange
information of interest and concern to women. Present focus is in the area of self- represented family law litigants and
providing assistance to help them navigate court processes without an attorney.
The HRC is recommending a grant of $1,323 which will partially fund the request. This is the first request from this
organization.
30. WOMEN'S SHELTER PROGRAM
2003 -04 Grant Amount:
200405 Request:
2004 -05 HRC Recommendation:
$11,000
$12,500
$ 12,500
Women's Shelter Program (WSP) provides emergency shelter for women and children who are victims of domestic
violence. WSP is requesting $12,500 to assist with the basic cost of running their programs which either prevent
homelessness or assist victims in establishing new violence -free lives. Funds will be used to assist with office
expenses that in turn support emergency shelter, legal assistance and counseling services and, indirectly, serve as
matching funds for State and Federal grants.
The HRC is recommending a grant of $12,500 which is $1,500 over the prior year and will fully fund the request.
31. WORK TRAINING PROGRAM, INC.
2003 -04 Grant Amount:
2004 -05 Request:
2004 -05 HRC Recommendation
$ 0
$ 4,400
$ 0
Work Training Program, Inc. is requesting $4,400 to help fund partial replacement of the vinyl flooring at their SLO
facility. WTP provides job skills training, job placement, and independent living to people with physical disabilities.
The HRC is not recommending funding this request. Facility improvements are not appropriate use of GIA funds.
They do encourage the organization to apply for Community Block Grant Funding for this project.
G:H RUGIA200405SUMMARIES
E
4q�p�
t-LA�V-I)
RESOLUTION NO. 9600 (2004 Series) -'
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE CITY'S MASTER FEE SCHEDULE BY
ESTABLISHING PERMIT FEES TO STRENGTHEN
UNREINFORCED MASONRY BUILDINGS
WHEREAS, it is the policy of the City of San Luis Obispo to review service charges on
an ongoing basis and to adjust them as required; and
WHEREAS, in accordance with this policy the Council adopted Resolution No. 9130 on
November 21, 2000 updating the City's master fee schedule; and
WHEREAS, the City of San Luis Obispo Municipal Code authorizes the establishment
of various fees for delivery of municipal services; and
WHEREAS, the Director of Community Development has determined that the adoption
of the proposed development fee is statutorily exempt from the provisions of the California
Environmental Quality Act (CEQA) under Section 15273 of the State CEQA Guidelines as the
purpose of theses charges is to meet operating expenses.
WHEREAS, the Council considered amendments to the master fee schedule at a public
hearing on August 17, 2004.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the City's master fee schedule is hereby amended to include application and permit
fees for unreinforced masonry building strengthening as shown in Exhibit A, effective October
18, 2004, and that Resolution No. 8089 (1992 Series) and Resolution No. 8663 (1997 Series) are
hereby repealed and superceded by this resolution.
Upon motion of Council Member Settle, seconded by Council Member Ewan, and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Mayor Romero
NOES: None
ABSENT: Vice Mayor Schwartz
The foregoing resolution was adopted on August 17, 2004.
Mayor David F. Romero
ATTEST:
Diane Reynofds, .M.C.
Deputy City erk
' `•11
Resolution No. 9600 (2004 Series)
Page 2
APPROVED AS TO FORM:
0
14atbwKP. Lowell
City Attorney
EXHIBIT A
Amend the BUILDING & SAFETY FEE SCHEDULE to add the following paragraph under
Plan Review Fees:
The plan review fee for a permit application that includes seismic strengthening of a
building of unreinforced masonry construction shall be $40.00.
Amend the BUILDING & SAFETY FEE SCHEDULE to add the following paragraph under
Permit Fees — General application:
The all inclusive combination permit fee for a construction permit that includes seismic
strengthening of a building of unreinforced masonry construction shall be $40.00.
Amend the PLANNING SERVICES FEE SCHEDULE to add the following category under
OTHER PLANNING SERVICES for Architectural Review:
Project with Seismic Strengthening of Unreinforced Masonry Building $40.00
Establish a Fee for Use of Parking Spaces as follows:.
For construction projects with a valid building permit to strengthen an unreinforced
masonry building,. the fee for use of each Metered Parking Space, up to three for a
maximum of six months, shall be $1.00.
���,w
F
I
E